^ 






NolMQi. 



LIBRARY 



DEPARTMENT OF STATE. 



Alcove, 
Shelf, __ 







Book 



,/ 



\J 



TEEKITOEY OF DAKOTA, 



JOTXRN^L 



OF THE 



Constitutional Convention 



OF 



SOUTH DAKOTA. 



CTTJX.-Z-, 1889. 



SIOUX FALL?, S. D. 

BROWN & SAENGER, PRINTERS AND BINQERS. 

1889. 



JDN 94 1«M ^ 



.A s^ 



Journal of the Convention. 



FIRST DAY. 



Territory of Dakota, 

Hall of the Constitutional Convention 

of South Dakota, 

Sioux Falls, July 4, 1889. 

At the hour of 12 o'clock, meridian, on this 4th day of July, 

1889, the day and hour appointed by law, the members elect of 

the constitutional convention of South Dakota assembled in Ger- 

mania hall at Sioux Falls, and were called to order by Hon. 

Dighton Corson of Lawrence, one of their number. 

Prayer was offered by Rev. L. N. Stratton of Sioux Falls. 

The proclamation of the Governor, proclaiming the election 

of delegates to this convention, was read by E. W. Caldwell, a 

delegate from Minnehaha county, and was accepted as evidence 

of said election. 

The roll as contained in said proclamation, after being cor- 
rected, was called as follows: 
From the 

First District Sanford Parker of Fall River. 

Valentine T. McGillicuddy of Pen- 
nington. 
Chauncey L. Wood of Pennington. 

Second District Dighton Corson of Lawrence. 

William S. O'Brien of Lawrence. 

Charles M. Thomas of Lawrence. 
Third District S. A. Wheeler of Butte. 

Thomas W. Thompson of Lawrence. 

John Scollard of Lawrence. 



Journal of the Convention, 



Fourth District William McCusick of Roberts. 

Henry Neill of Grant. 

C. R. Wescott of Deuel. 
Fifth District William Cook of Marshall. 

W. G. Dickinson of Day. 

George H. Culver of Day. 
Sixth District Martin R. Henninger of Brown. 

Lyman T. Boucher of McPherson. 

Harry T. Craig of Campbell. 
Seventh District S. F. Brott of Brown. 

William Stoddard of Brown. 

M. P. Stroupe of Brown. 
Eighth District H. A. Humphrey of Faulk. 

J. G. Davies of Edmunds. 

Peter Couchman of Walworth. 
Ninth District J. F. Wood of Spink. 

Thomas Sterling of Spink. 

T. W. P. Lee of Spink. 
Tenth District John F. Whitlock of Potter. 

David Hall of Sully. 

Chas. H. Price of Hyde. 
Eleventh District C. G. Hartley of Hand. 

S. F. Huntley of Jerauld. 

R. C. Anderson of Buffalo. 
Twelfth District A. G. Kellam of Brule. 

J. V. Willis of Aurora. 

H. F. Fellows of Aurora. 
Thirteenth District C. H. Van Tassel of Sanborn. 

L. H. Hole of Beadle. 

George C. Cooper, of Beadle. 
Fourteenth District Carl G. Sherwood of Clark. 

W. H. Mcitson of Kingsbury. 

S. D. Jeffries of Clark. 
Fifteenth District E. E. Clough of Codington. 

S. S. Peck of Hamlin. 

S. B. VanBuskirk of Codington. 

Sixteenth District I. Atkinson of Brookings. 

I. R. Spooner of Kingsbury. 
Joshua Downing of Brookings. 

Seventeenth District H. W. Eddy of Miner. 

F. G. Young of Lake. 
R. F. Lyons of Lake. 



Thursday, July 4, 1889. 5 

Eighteenth District Andrew J. Berdahl of Minnehaha. 

H. M. Williamson of Moody. 

C. S. Gifford of Minnehaha. 
Ninteenth District William VanEps of Minnnehaha. 

Clark G. Coats of Minnehaha. 

E. W. Caldwell of Minnehaha. 
Twentieth District William Elliott of Turner. 

A. B. McFarland of Lincoln. 

J. A. Fowles of Lincoln. 
Twenty-first District John L. Jolley of Clay. 

A. O. Ringsrud of Union. 

J. Kimball of Union. 
Twenty-second District. .. .Edward G. Edgerton of Yankton. 

Christian Buechler of Hutchinson. 

C. J. B. Harris of Yankton. 
Twenty-third District William T. Williams of Bon Homme. 

Robert A. Smith of Charles Mix. 

Joseph Zitka of Bon Homme. 
Twenty-fourth District ... .A. J. Edgerton of Davison. 

Charles A. Houlton of Douglas. 

S. A. Ramsey of Sanborn. 
Twenty-fifth District W. H. Goddard of McCook. 

W. H. Murphy of Hanson. 

T. F. Diefendorf of McCook. 

All of said delegates elect responded to the call except 
Charles M. Thomas, J. G. Davies, R. C. Anderson, E. E. 
Clough and Clark G. Coats. 

The oath of office was then taken and subscribed by the 
members elect there present, administered by the Hon. Bartlett 
Tripp, Chief Justice of the Supreme Court of the Territory of 
Dakota. 

Mr. Spooner of Kingsbury nominated for president, A. J. 
Edgerton of Davison. 

Mr. Price of Hyde nominated S. B. VanBuskirk of Coding- 
ton. 

On motion 

The convention proceeded to the election of a president. 

Messrs. McGillicuddy and Caldwell being designated as 
tellers, 

The calling of the roll was commenced, but before comple- 
tion, was dispensed with by consent, Mr. VanBuskirk having 
withdrawn his name, and the election of A. J. Edgerton was 



Journal of the Convention, 



made by acclamation, unanimously, and he was declared the duly 
elected president-of the convention. 

Messrs. Spooner and VanBuskirk were appointed to escort 
the president-elect to the chair. 

On motion of Mr. Wescott of Deuel 

E. W. Caldwell of Minnehaha was by acclamation elected 
temporary clerk. 

On motion of Mr. Jolley of Clay 

A committee of five on rules and order of business was ap- 
pointed by the chair as follows: 

Messrs. Jolley of Clay, Wood of Pennington, Clough of 
Codington, Humphrey of Faulk and Young of Lake. 

Mr. Kellam moved 

That the president of the convention be requested to com- 
municate by telegraph the greetings and congratulations of the 
constitutional convention of South Dakota, to the constitutional 
conventions of North Dakota, Montana and Washington. 

Mr. Van Tassel moved 

That the president appoint a committee of three to confer 
with the convention of North Dakota as to the size of the joint 
committee to be selected by the two conventions as provided by 
law. 

Mr. Wescott moved 

That the matter be referred to the committee on rules, 

Which motion prevailed, 

There being sixty-one votes cast, 

Of which thirty-six were in the affirmative and. twenty-five 
in the negative. 

Mr. Caldwell moved 

That the rules of the constitutional convention of 1885 shall 
govern the proceedings of this body, so far as they may be ap- 
plicable, until the adoption of the report of the committee on 
rules, 

Which motion prevailed. 

Mr. Neill moved 

That the convention do now adjourn until Friday, July 5, 
at 2 p. m., 

Which motion prevailed. 

E. W. CALDWELL, Clerk. 



Friday, July 5, 1889. 



SECOND DAY. 

Sioux Falls, Dak., July 5, 1889. 

2 o'clock P. M. 

The convention was called to order by Mr. Kellam of Brule, 
in the absence of the president. 

Mr. Kellam submitted the following note, as indicating the 
request of the president to act in his stead: 

Sioux Falls, Dak., July 4, 1889. 
Hon. A. G. Kellam: 

Will you please act as president, fro tem, of the convention 
under the rules, during my absence. A. J. Edgerton. 

Prayer was offered by Rev. J. A. Wakefield. 

The roll was called and all of the delegates responded ex- 
cept Charles M. Thomas, Clark G. Coats and Mr. President. 

The following delegates presented themselves and took the 
oath of office: 

E. E. Clough of Codington, 

J. G. Davies of Edmunds. 

R. C. Anderson, of Hand. 

The minutes of the first day's proceedings were read and 
the following corrections made: 

On page 1 of the journal as printed, line "John Scollard of 
.Lawrence," was made to read " John Scollard of Meade." 

On page 2, the line " George H. Culver of Day " was made 
to read " George H. Culver of Marshall." 

The line " R. C. Anderson of Buffalo " was made to read 
" R. C. Anderson of Hand." 

The line "R. F. Lyons of Lake" was made to read " R. 
F. Lyons of Miner." 

Of! page 3 the line " J. Kimball of Union " was made to 
read "J. Kimball of Clay." 

The absence of Mr. Clough, as noted in the minutes, was 
by consent excused, for the reason that he was engaged in the 
delivery of the oration at the Independence celebration being held 
in the city. 



Journal of the Convention, 



PETITIONS AND COMMUNICATIONS. 

The following communications were read by the Clerk -pro 
tern: 

Bismarck, Dakota, July 4, 1889. 
To the Constitutional Convention of South Dakota, Sioux Falls, 
Dakota : 

The constitutional convention of North Dakota sends greet- 
ing and bids you God speed in your advance movement towards 
statehood and full American citizenship. May the four new 
stars about to be added to the national flag not lose in brilliancy 
through lack of care in laying the foundations of the states to be. 
Let Washington bring fruits and flowers, Montana its precious 
metals to add to the beauty and wealth of the nation, while the 
Dakotas will bring wheat and corn to feed the people of the 
world. F. B. Fancher, 

President. 

Olympia, Washington Territory, July 4, 1889. 
Hon. A. J. Edgerton, 

President South Dakota Constitutional Convention, Sioux 
Falls, Dakota: 

The Washington constitutional convention returns greeting 
to the South Dakota convention. 

The time is auspicious. The Empire state of the Pacific 
northwest will join her sister in every onward development. 

J. G. Moore, Chairman. 

The clerk -pro tern, made verbal communication to the 
convention that Mr. C. W. Hubbard, representing Hon. L. B. 
Richardson, secretary of the Territory, desired to know the 
number of journals which the convention considered necessary 
should be printed daily. 

On motion of Mr. Sterling 

It was ordered that two hundred copies of said journal be 
printed. 

UNFINISHED BUSINESS. 

Mr. Neill moved 

That the convention now proceed to completion of its per- 
manent organization by the election of subordinate officers, 

Which motion prevailed. 

The chair appointed Messrs. Sterling and Elliott as tellers. 

Mr. Edgerton of Yankton nominated F. A. Burdick of 
Yankton for chief clerk, and 

Mr. VanEps nominated W. W. Goddard of Sioux Falls. 



Friday, July 5, 1889. 



By consent the vote was taken by call of the roll, and there 
were 71 votes cast, of which Mr. Burdick had 50 and Mr. God- 
da rd 21. 

Mr. Burdick was thereupon declared duly elected chief 
clerk of the convention. 

Mr. Westcott nominated Dr. A. W. Hyde of Brookings for 
enrolling and engrossing clerk, and 

Mr. Harris nominated James Kingsbury of Yankton. 

There were 69 ballots cast, of which Dr. Hyde had 50 and 
Mr. Kingsbury 19. 

Dr. Hyde was declared duly elected enrolling and engross- 
ing clerk of the convention. 

Mr. Corson nominated James Carney of Deadwood ser- 
geant-at-arms, and 

Mr. VanBuskirk nominated W. T. Buchanan of Sioux Falls. 

There were 71 votes cast of which Mr. Carney had 50 and 
Mr. Buchanan 21. 

Mr. Carney was declared duly elected sergeant-at-arms of 
the convention. 

Mr. Dickinson nominated E. C. Warner of Webster as 
watchman, 

And he was declared duly elected by acclamation. 

Mr. Matson nominated Frank Hoppin of Iroquois as mes- 
senger, and 

Mr. Anderson nominated P. D. Derflinger of Hand. 

There were 71 votes cast, of which Mr. Hoppin had 48 
and Mr. Derflinger 23. 

Mr. Hoppin was declared duly elected messenger of the 
convention. 

Mr. Willis nominated Rev. J. A. Wakefield of Brookings 
as chaplain, and 

Mr. Ramsey nominated Bishop W. H. Hare of Sioux Falls. 
There were 71 votes cast, of which Mr. Wakefield had 45 and 
Mr. Hare 26. 

Mr. Wakefield was declared duly elected chaplain of the 
convention. 

RESOLUTIONS. 

Mr. Sherwood offered the following resolution and moved 
its adoption; 

The constitutional convention of South Dakota, now duly 
assembled and organized, does hereby declare on behalf of the 
people of said state, that we dohereby adopt the constitution of 
the United States 



io Journal of the Convention, 



The question being upon the adoption of the resolution, 
the same was determined by a rising vote; there were 73 votes 
cast, of which 73 were in the affirmative and none in the nega- 
tive, and the resolution was declared duly adopted, as required 
by the Act of Congress providing for this convention. 

REPORTS OF COMMITTEES. 

Mr. Jolley, as chairman of the committee on Rules, submit- 
ted the following partial report: 

Sioux Falls, Dakota, July 5, 1889. 
Mr. President: 

Your Committee on Rules have instructed me to report that 
the Joint Commission on the part of South Dakota, "to agree 
" upon an equitable division of all property belonging to the 
" Territory of Dakota, the disposition of all .public records and 
" adjust and agree upon the amount of debts and liabilities of 
" the Territory " shall consist of seven members, to be appointed 
by the president of this convention; that said commission be en- 
titled to a clerk, and to employ such assistance as they 'shall deem 
necessary. 

John L. Jolley, 

Chairman. 

On motion of Mr. Price consideration of the resolution was 
made a special order for to-morrow. 

NEW BUSINESS. 

Mr. Price moved the appointment of a commission of three 
to confer with a like commission from the constitutional conven- 
tion of North Dakota, to definitely determine the boundary be- 
tween the two states. 

By consent consideration of this motion was made a special 
order for tomorrow. 

The following subordinate officers took the oath of office 
and entered upon the discharge of their duties: 

F. A. Burdick, Chief Clerk, 

James Carney, Sergeant at Arms, 

And Frank Hoppin, Messenger. 

On motion of Mr. Neill the convention adjourned until 2 
o'clock p. m., Saturday, July 6th. 



Saturday, July 6, 1889. 11 



THIRD DAY. 

Sioux Falls, Dak., July 6, 1889. 

2 o'clock p. m. 

Convention called to order by the president. 

Prayer was offered by Chaplain J. A. Wakefield. 

The enrolling and engrossing clerk, Dr. A. W. Hyde, having 
taken oath of office on yesterday, July 5th, took his place at his 
desk at the opening of the convention. 

The minutes of the second day's meeting were read, and 
there being no corrections, were approved. 

Mr. Clark G. Coats of Minnehaha being present was duly 
sworn in by Joseph Kirby, notary public. 

Upon motion Roll call was dispensed with. 

COMMUNICATIONS. 

A communication from the Montana Constitutional Conven- 
tion was received, reading as follows : 

Helena, Montana, July 5, 1889. 
To Hon. A. J. Edgerton: 

Montana, standing on the threshold of statehood, recipro- 
cates your cordial greeting, and indulges the hope that the con- 
stitution which you have met to frame may be based upon the 
virtues and intelligence of the people, and when so framed, it 
may survive the years to come in all its vigor, unimpaired, until 
a hundred sovereign states shall have been erected into one con- 
federacy, there to remain an indestructible and indissoluble 
union. 

(Signed), J. K. TOOLE, 

Temporary Chairman. 

SPECIAL ORDER OF THE DAY. 

On motion of Mr. A. G. Kellam of Brule, the convention went 
into committee of the whole to consider special order of the day, 
whereupon the president called Mr. Thomas Sterling of Spink to 
the chair. 

The committee of the whole arose and submitted their re- 
port through their chairman, Mr. Sterling favoring the adoption 
of the special report of the committee as follows: 



12 Journal of the Convention, 



Sioux Falls, Dakota, July 5, 1! 
Mr. President : 

Your Committee on Rules have instructed me to report that 
the Joint Commission on the part of South Dakota, "to agree 
"upon an equitable division of all property belonging to the Ter- 
ritory of Dakota, the disposition of all public records and adjust 
"and agree upon the amount of debts and liabilities of the 
"Territory" shall consist of seven members, to be appointed by 
the president of this convention; that said commission be entitled 
to a clerk, and to employ such assistance as they shall deem 
nectssary. 

John L. Joeley, 

Chairman. 
Report adopted. 

The special order offered by Mr. Price relative to bounda- 
ries 

By general consent was referred to the committee on Boun- 
daries. 

REPORTS OF COMMITTEES. 

The committee on Rules reported 
Through Mr. J. L. Jolley, chairman. 

Sioux Falls, Dakota, July 6, 1889. 
Mr. President: 

Your committee on rules and order of business have had 
the subject committed to our charge under consideration, and 
beg leave to submit the following report, consisting of a list of 
the standing committees and their number. 

The standing committees of the convention shall consist of 
the following and such as have been or may be created by the 
convention. 

We recommend the following standing committees: 

1. Judiciary — 13 members. 

2. Executive and Administrative — 7 members. 

3. Legislative — 7 members. 

4. Bill of Rights — 5 members. 

5. Rights of Elections and Suffrage — 7 members. 

6. Name, Boundaries and Seat of Government of State — 

7 members. 

7. Federal Relations — 5 members. 

8. Education and School Lands — 9 members. 

9. Municipal Corporations — 5 members. 



Saturday, July 6, 1889. 13 



10. Corporations other than Banking and Municipal — 7 

members. 

11. County and Township Organization — 7 members. 

12. State, County, and Municipal Indebtedness — 9 mem- 

bers. 

13. Revenue and Finance — 7 members. 

14. Public Accounts and Expenditures — 7 members. 

15. State Institutions and Public Buildings — Including Pen- 

itentiaries and other Reformatory Institutions — 9 
members. 

16. Congressional and Legislative Apportionment — 25 

members. 

17. Mines, Mining and Water Rights — 7 members. 

18. Roads, Bridges, and other Internal Improvements — 7 

members. 

19. Exemptions and Personal — 9 members. 

20. Rights of Married Women — 7 members. 

21. Banking and Currency — 7 members. 

22. Military Affairs — 7 members. 

23. Amendments and Revision of the Constitution — 7 mem- 

bers. 

24. Printing — 5 members. 

25. Seal of State, Coat of Arms and Design of Same — 7 

members. 

26. Schedule and Submissions — 25 members. 

27. Miscellaneous Subjects — 7 members. 

28. Compensation of Public Officers and Members — 7 mem- 

bers. 

29. Arrangement and Phraseology of the Constitution — 9 

members. 

30. Manufacturers and Agriculture — 9 members. 

31. Expenses of the Convention — 7 members. 

32. Engrossment and Enrollment — 5 members. 

We have submitted for the consideration of the convention 
the following Rules for the government of its proceedings and 
the number of employes which your committee deemed neces- 
sary to an orderly and prompt conduct of business of the con- 
vention, and we have also considered and reported what we, 
your committee, deem a just, but very reasonable compensation 
for the services of such employes, all of which is respectfully 
submitted. 



14 Journal of the Convention, 

EULES. 

1. A majority of the members of the convention, who shall 
have qualified and not been excused by order of the convention 
shall constitute a quorum, but a small number may adjourn from 
day to day. 

2. The convention shall keep a Journal of its proceedings 
which shall be preserved, and upon the adjournment deposited 
with the president of the convention to be by him filed with the 
secretary of state or other keeper of the archives of the State of 
South Dakota as soon as said officer shall be elected and quali- 
fied, and to be hereafter disposed of as provided by law. And 
such proceedings shall be published in pamphlet form for gener- 
al distribution. 

3. Two members shall be sufficient to demand the yeas 
and nays on any question and when so demanded they shall be 
entered on the Journal. 

4. Any member shall have liberty to have entered upon 
the Journal his protest and dissent against any act or resolution 
when such protest and dissent shall be made in writing in re- 
spectful and brief language, and filed with the secretary, and 
such entry shall be made without debate. 

5. The convention may, with the concurrence of two-thirds 
of all the members present, expel a member, and the reasons 
therefor shall be entered on the Journal. 

6. The sergeant-at-arms and doorkeeper shall not permit 
any person not a member or officer or employe of this conven- 
tion, to pass inside the railing at any time during the sessions, 
except reporters of the press, duly assigned as such by the pres- 
ident of the convention, and such other persons as shall be in- 
vited therein by the president or the convention. 

7. No smoking shall be allowed in said hall during the 
sessions of the convention, and no person shall be permitted to 
manifest any signs of approbation or disapprobation, either on 
the floor or in the lobby. 

8. The president shall take the chair at the hour to which 
the convention shall have adjourned, shall immediately call the 
convention to order, and on the appearance of a quorum shall 
cause the Journal of the preceding day to be read, unless such 
reading shall be dispensed with by order of the convention. He 
shall preserve order and decorum, shall decide questions of order, 
subject to an appeal to the convention by any one member, on 



Saturday, July 6, 18S9. 15 



which appeal no member shall speak more than once, unless by 
leave of the convention. 

9. Except where the yeas and nays are demanded, as in these 
rules provided, all questions shall be determined either by put- 
tit] g them in the ordinary mode, or a division be called for, by 
rising from the seats, unless count by tellers is ordered. 

10. The president shall examine and correct the Journal 
before it is read, he shall leave the general direction and con- 
trol of the hall, and may name any member to perform the du- 
ties of the chair, but such substitution cannot extend beyond 
three days, and such substitute, during such time, shall be vested 
with all the powers of the president. 

11. All committees shall be appointed by the president, 
unless otherwise ordered by the convention. 

12. If any member, in speaking or otherwise, shall trans- 
gress the rules of the convention, the president shall, or any 
member may, call him to order, in which case the member so 
called to order shall immediately sit down unless permitted to 
explain, and if appeal is taken to the convention, a decision shall 
be had without debate; but this rule shall not apply to the point 
of order raised under provisions of rule 8. 

13. Every member who shall be within the bar of the con- 
vention when a motion shall be stated from the chair, shall vote 
thereon, unless he shall be excused. Any member desiring to be 
excused from voting shall make his request before the roll-call 
shall be commenced; he may then state concisely, without argu- 
ment, his reasons for asking to be excused, and the question of 
excusing shall be taken without debate. 

14. Every motion shall be reduced to writing if the presi- 
dent or any member requests it. 

15. After a motion is stated by the president, or read by 
the secretary, it shall be deemed in the possession of the con- 
vention but may be withdrawn at any time before decision or 
amendments, with the consent of the convention. 

16. When a question is under debate, no motion shall be 
received but to adjourn, call the house, lay on the table, the pre- 
vious question, to postpone indefinately, to postpone to a day 
certain, to commit, or amend; which several motions shall have 
precedence in the order in this rule stated. 

17. A motion to adjourn shall always be in order, and be 
decided, as well as the motion to lay on the table without debate. 

18. No motion to postpone to a day certain, or indefinitely, 



1 6 Journal of the Convention, 

or to commit, being decided in the negative, shall be again al- 
lowed on the same day or at the same stage of the proposition. 

19. Motion to strike out the proposition shall have prece- 
dence of a motion to amend, and, if carried shall be equivalent 
to its rejection. 

20. When a blank is to be filled, and different sums, times, 
or quantities are proposed, the question shall first be put on the 
largest sum or quantity and the longest time. 

21. If the question in debate contains several propositions, 
any member may have the same divided, and on a motion to strike 
out and insert, it shall be in order to move for a division of the 
question, and the rejection of a motion to strike out and insert 
one proposition shall not prevent a motion to strike 
out and insert a different proposition, nor prevent a subsequent 
motion to strike out only, nor shall the rejection of a motion to 
strike out only prevent a subsequent motion to strike out and in- 
sert. 

22. When a question has been once put and decided it 
shall be in order for a member voting with the majority to move 
for a reconsideration thereof on the same or during the two suc- 
ceeding business days, but not afterwards. Such motion shall 
take precedence of all other questions, except a motion to ad- 
journ. 

23. When motions are made for a reference of the same 
subject to a select committee and to a standing committee, the 
question of reference to a standing committee shall be first put. 

24. A motion to commit and a motion to postpone indefi- 
nitely or to a day certain, until decided, shall preclude all amend- 
ments on the main question. 

25. No motion or proposition on a subject different from 
that under consideration shall be admitted, under color of an 
amendment. 

26. A motion to lay an amendment on the table being sus- 
tained shall not have the effect to convey to the table any propo- 
sition except what is contained in the amendment. 

27. The previous question shall be always in order, and 
shall be put in this form: "Shall the main question be now put?" 
And until it is decided shall preclude all amendments or debate. 

28. When on moving the previous question, the Conven- 
tion shall decide in the negative, the main question shall be consid- 
ered as still under debate. 

29. The effect of the main question, being ordered shall be 



Saturday, July 6, 1889. 17 

to put an end to all debate and bring- the Convention to a direct 
vote; First, on' all amendments reported or pending, the last 
amendment moved being first considered, and then on the main 
question. 

30. After the motion for the previous question has pre- 
vailed, it shall not be in order to move a call of the Convention 
prior to a decision of the main question. 

31. No call of the Convention shall be ordered except upon 
the demand of one-third of all the members present at the time 
the call is demanded. 

32. The unfinished business on which the Convention was 
engaged at its last adjournment shall at the next meeting of the 
Convention, have precedence of. all other business except as pro- 
vided in the order of business. 

33. All motions and resolutions not pertaining to the cur- 
rent business of the Convention, shall be, upon being read, re-, 
ferred by the president to the appropriate committee without 
debate. 

34. The hour of meeting shall be 2 o'clock p. m. daily ex- 
cept Sunday until otherwise ordered. 

35. Order of business. 

1. Reading the Journal. 

2. Communications and presentations of petitions. 

3. Unfinished business of the previous day. 

4. Reports from standing committees. 

5. Consideration of reports of standing committees. 

6. Reports from select committees. 

7. Consideration of reports of select committees. 

8. Presentation of resolutions and propositions relating to 

to the constitution. 

36. It shall be the duty of the secretary to keep a journal 
in which he shall record all the proceedings of the convention, 
and to do and perform such other acts appertaining to his office 
as may be required of him by the convention or its presiding 
officers. 

37. It shall be the duty of the watchman to perform such 
acts as may be required of him by the secretary of the conven- 
tion or its presiding officers. 

38. It shall be the duty of the sergeant-at-arms to attend 
the convention during its sittings, and to execute the commands 
of the convention from time to time. 

39. No rule of the convention shall be altered, suspended 



1 8 Journal of the Convention, 

or recinded without the vote of two-thirds of the members 
present. 

40. The rules of parliamentary practice comprised in Jeffer- 
son's Manual shall govern the convention in all cases in which 
they are applicable and not inconsistent with the standing rules 
and orders of the convention. 

41. The first named member of any committee shall be its 
chairman, and in his absence, or in case he is excused by the 
convention, the next named member shall constitute its chair- 
man and so on, unless the committee, in case of the absence of 
the first named member, shall by majority of the members of 
said committee, elect a chairman. 

42. It shall be the duty of the engrossing and enrolling 
committee to supervise the transcript to be furnished to them by 
the stenographers and all matter for publication. 

43. There shall be employed by this convention two sten- 
ographers at ten dollars per day each and twenty-five cents per 
folio for one transcript of the proceedings of this convention. 

Two pages at two dollars per day each. 

One clerk for the Congressional and Legislative Apportion- 
ment committee at five dollars per day. 

One clerk for the Judiciary committee at five dollars per 
day. 

One clerk for the Schedule and Submission committee at 
five dollars per day. 

All persons employed by this convention shall be paid from 
appropriations now, or hereafter to be made. 

44. The employes herein provided for shall be appointed 
from time to time by the president of this convention, and be 
subject to removal by him, unless ordered by the convention, 
except stenographers who shall be elected by this convention. 

All of which is respectfully submitted. 

John L. Jolley. 
Chauncp;y L. Wood. 

E. E. Clough. 

H. A. Humphrey. 

F. G. Young. 

On motion of Mr. J. L. Jolley 

The convention proceeded to vote on the adoption of the 
Rules as read. 

Mr. C. R. Westcott moved 

To amend by voting on section b} 7 section. 

Amendment lost. 



Saturday, July 6, 1889. 19 

Moved by Mr. Huntley 

To strike out (2) and insert (5) in rule No. 3. 
Amendment lost. 

And the principal motion being put 
Prevailed. 

On motion of Dr. I. R. Spooner 

All members of previous Dakota constitutional conventions 
were accorded the privileges of the floor. 

Moved by Mr. Neill 

That Messrs Ivan W. Goodner of Huron, and Theron G. 
Brown of Sioux Falls, be employed by this convention as 
stenographers. 

Carried. 

Moved by Mr. Neill 

That 500 extra copies of the Journal be provided for the use 
of the convention. 

Upon motion of Mr. Anderson 

It was referred to the committee on Printing. 

Moved by Mr. Jolley 

That 300 extra copies of the Rules be printed for the con- 
vention. 

Moved by Mr. Kellam 

To amend by making the number 150. 

Upon a division of the house the vote stood 

49 yeas; 22 nays. 

Carried. 

Whereupon Mr. Harris moved 

A substitute providing 300 extra copies of to-day's Journal 
which should contain the rules for the use of the convention. 
Substitute carried. 

Moved by Mr. Humphrey 

That the president of this convention be instructed to in- 
form the constitutional convention of North Dakota by telegram 
that the constitutional convention of South Dakota has provided 
for a commission of seven (7) to agree upon an equitable divi- 
sion of all property belonging to the Territory of Dakota, the 
disposition of all public records, to adjust and agree upon the 
amount of debts and liabilities of the Territory to be assumed by 
each. 

Motion prevailed. 

Moved by Mr. Young 

That 100 copies of the omnibus bill be procured from the 
Secretarv of the Interior for the use of the convention, 



20 Journal of the Convention, 



Moved by Mr. Coats 

That the motion be laid on the table. 

By permission of the house Mr. Young withdrew his motion, 

Moved by Mr. Buechler 

To adjourn until Monday at 2 p. m. 

Carried. 



FIFTH DAY. 

Sioux Falls, Dakota, July 8, 1889. 
2 o'clock p. M. 

Convention called to order by the president. 
Prayer by the Chaplain, Rev. J. A. Waketield. 

The president announced 

As pages the names of Albert J. Keith and Charley C. 
Walts. 

Journal of third day's session read and after the following 
corrections, were approved : 

Line 2 on page 9 amended to read, "bound" copies instead of 
"extra." 

Line 12, page 9, amended to read Mr. Dickinson instead of 
Mr. Harris. 

Line 31, page 9, amended to read Mr. Price instead of Mr. 
Coats. 

Mr. E. C. Warner, watchman elect, having taken oath of 
office on July 6th was present. 

UNFINISHED BUSINESS. 

The president announced 

The following special committee to form a part of the joint 
commission to proceed to Bismarck under the Omnibus bill, viz: 

Messrs. Kellam of Brule, McGillycuddy of Pennington, 
Neill of Grant, Caldwell of Minnehaha, Elliott of Turner, Price 
of Hyde and Brott of Brown. 

On motion 

Mr. Coats was excused for absence the first two days of the 
convention. 



Monday, July 8, 1889. 21 



REPORTS OF SELECT COMMITTEES. 

Mr. Jolley, for the committee on rules, moved 

That the words "two pages" in line 4 of rule 43 be stricken 
out and the words "three pages" be inserted in lieu thereof. 

Motion carried. 

Mr. Young introduced 

The following and moved its adoption : 

Resolved, That a committee of five be appointed whose 
duty it shall be to procure from the President the original and 
authentic engrossed and certified copy of the constitution, and 
procure the same to be carefully and correctly copied, and to 
have the same carefully and correctly printed under their super- 
vision and laid upon the desks of the members; and the same 
committee be instructed to procure and place upon the tables of 
the members carefully and correctly printed copies of the En- 
abling Act under which this convention has assembled; the same 
committee be also instructed to procure from H. M. Avery, the 
assistant secretary of the last convention, the engrossed copy of 
the constitution in his possession, and that the same committee 
be instructed to carefully compare said copies with a view to the 
correction of any mistakes. 

Motion lost. 

Mr. Caldwell moved 

To reconsider the motion of last session by which the num- 
ber of bound copies was referred to the Committee on Printing. 

Motion carried. 

Mr. Neill moved 

That 500 bound copies of complete journal be provided for 
the use of the convention. 

Motion carried. 

Mr. Peck moved 

That six copies be furnished each member, the remaining 
numbers to be left in the Territorial library. 

Motion carried. 

Mr. Goddard 

Was excused from attendance upon to-morrow's session. 

The President announced 

As the additional page the name of Frank E. Clough. 

On motion of Mr. Price 

The convention adjourned. 



22 Journal of the Convention, 



SIXTH DAY. 

Sioux Falls, Dakota, July 9, 1889. 

2 o'clock P. M. 

Convention called to order by the president. 

Prayer by the chaplain, Rev. J. A. Wakefield. 

The journal read and approved with correction of line one, 
page one, to read "fifth day." 

The president 

Reported the following committees: 

Congressional and Legislative Apportionment. — Van 
Tassel of Sanborn, Parker of Fall River, O'Brien of Lawrence, 
Thompson of Lawrence, McCusick of Roberts, Culver of Mar- 
shall, Heninger of Brown, Stroupe of Brown, Davies of Ed- 
munds, Lee of Spink, Hall of Sully, Huntley of Jerauld, Willis 
of Aurora, Matson of Kingsbury, Clough of Codington, Atkin- 
son of Brookings, Lyons of Miner, Williamson of Moody, Coats 
of Minnehaha, Fowles of Lincoln, Ringsrud of Union, Edgerton 
of Yankton, Zitka of Bon Homme, Houlton of Douglass, Diefen- 
dorf of McCook. 

Judiciary — Sterling of Spink, Humphrey of Faulk, Wil- 
liams of Bon Homme, Cooper of Beadle, Ramsey of Sanborn, 
Corson of Lawrence^ Wood of Pennington, Sherwood of Clark, 
VanBuskirk of Codington, Berdahl of Minnehaha, Eddy of 
Miner, Harris of Yankton, Fellows of Aurora. 

Schedule — Hole of Beadle, Jolley of Clay, Spooner of 
Kingsbury, Scollard of Meade, Westcott of Deuel, Dickinson of 
Day, Boucher of McPherson, Stoddard of Brown, Couchman of 
Walworth, Wood of Spink, Whitlock of Potter, Hartley of 
Hand, Fellows of Aurora, Jeffries of Clark, Peck of Hamlin, 
Parker of Fall River, Corson of Lawrence, Berdahl of Minne- 
haha, VanEps of Minnehaha, Buechler of Hutchinson, Smith of 
Charles Mix, Ramsey of Sanborn, Murphy of Hanson, McFar- 
land of Lincoln, Eddy of Miner. 

Name, Boundaries and Seat of Government — Stroupe 
of Brown, Edgerton of Yankton, VanEps of Minnehaha, Kim- 



Tuesday, July 9, 1889. 23 

ball of Clay, Murphy of Hanson, Williams of Bon Homme, 
Wheeler of Butte. 

State, County and Municipal Indebtedness — Sher- 
wood of Clark, Jolley of Clay, VanEps of Minnehaha, Ramsey 
of Sanborn, Diefendorf of McCook, Lee of Spink, Spooner of 
Kingsbury, Stroupe of Brown, Clough of Codington. 

Executive and Administrative — Westcott of Deuel, 
Dickinson of Day, Craig of Campbell, Anderson of Hand, Down- 
ing of Brookings, Gifford of Minnehaha, Murphy of Hanson. 

Legislative — McFarland of Lincoln, Ramsey of .Sanborn, 
Zitka of Bon Homme, Jolley of Clay, Cook of Marshall, Coats 
of Minnehaha, Lyons of Miner. 

Bill of Rights — Spooner of Kingsbury, VanBuskirk of 
Codington, Jeffries of Clark, Heninger of Brown, Dickinson of 
Day. 

Election and Suffrage — Stoddard of Brown, Craig of 
Campbell, Cook of Marshall, Westcott of Deuel, Scollard of 
Meade, O'Brien of Lawrence, Whitlock of Potter. 

Federal Relations — Murphey of Hanson, Houlton of 
Douglass, Sherwood of Clark, Harris of Yankton, Kimball of 
Clay. 

Education and School Lands — Coats of Minnehaha, 
Humphrey of Faulk, Williamson of Moody, Young of Lake, 
Downing of Brookings, Peck of Hamlin, Matson of Kingsbury, 
Culver of Marshall, Huntley of Jerauld. 

Municipal Corporations — Hall of Sully, Wood of Spink, 
Atkinson of Brookings, Cooper of Beadle, Fellows of Aurora. 

Corporations Other Than Banking and Municipal — 
Dickinson of Dav, Thompson of Lawrence, Stroupe of Brown, 
Goddard of McCook, Jolley of Clay, Whitlock of Potter, Van 
Buskirk of Codington. 

County and Township Organization — Whitlock of Pot- 
ter, Atkinson of Brookings, Eddy of Miner, Berdahl of Minne- 
haha, Ramsey of Sanborn, Culver of' Marshall, Fellows of 
Aurora. 

Revenue and Finance — Goddard of McCook, Houlton of 
Douglass, Zitka of Bon Bomme, Harris of Yankton, Ringsrud 
of Union, VanEps of Minnehaha, Boucher of McPherson. 

Public Accounts and Expenditures — Ringsrud of Union, 
Scollard of Meade, Williams of Bon Homme, Williamson of 
Moody, Heninger of Brown, Davies of Edmunds, Willis of 
Aurora. 



24 Journal of the Convention, 

State Institutions and Public Buildings — Young of 
Lake, VanEps of Minnehaha, Hartley of Hand, Downing of 
Brookings, Wood of Pennington, Smith of Charles Mix, Wood 
of Spink, Anderson of Hand, Buechler of Hutchinson. 

Mines, Mining and Water Rights — O'Brien of Law- 
rence, Parker of Fall River, Wheeler of Butte, Young of Lake, 
Jeffries of Clark, Couchman of Walworth, Fowles of Lincoln. 

Roads, Bridges and Other Internal Improvements — 
Smith of Charles Mix, Ringsrud of Union, Berdahl of Minne- 
haha, Atkinson of Brookings, Anderson of Hand, Couchman of 
Walworth, Craig of Campbell. 

Exemptions — Buechler of Hutchinson, Fowles of Lincoln, 
Coats of Minnehaha, Lyons of Lake, Peck of Hamlin, Jeffries of 
of Clark, Cooper of Beadle, Culver of Marshall, Heninger of 
Brown. 

Rights of Married Women — Willis of Aurora, Hall of 
Sully, Davies of Edmunds, Craig of Campbell, Wheeler of 
Butte, Thompson of Lawrence, Diefendorf of McCook. 

Banking and Currency — Davies of Edmunds, Huntley of 
Jerauld, McCusick of Roberts, Gifford of Minnehaha, McFarland 
of Lincoln, Buechler of Hutchinson, Ramsey of Sanborn. 

Military Affairs — Clough of Codington, Matson of 
Kingsbury, Lee of Spink, McCusick of Roberts, Zitka of Bon 
Homme, Goddard of McCook, Kimball of Clay. 

Amendments and Revision of the Constitution — 
Boucher of McPherson, Stoddard of Brown, Cook of Marshall, 
O'Brien of Lawrence, Downing of Brookings, Gifford of Min- 
nehaha, Harris of Yankton. 

Printing — Humphrey of Faulk, Hole of Beadle, Sterling 
of Spink, Couchman of Walworth, Hall of Sully. 

Seal — Houlton of Douglass, Zitka of Bon Homme, Kim- 
ball of Clay, McCusick of Roberts, Scollard of Meade, Humph- 
rey of Faulk, Wood of Spink. 

Miscellaneous Subjects — Eddy of Miner, Van Tassel of 
Sanborn, Hartley of Han'd, Cook of Marshall, Stoddard of 
Brown, Williams of Bon Homme, Parker of Fall River. 

Compensation of Public Officers — Williamson of 
Moody, Fowles of Lincoln, McCusick of Roberts, Anderson of 
Hand, Spooner of Kingsbury, Thompson of Lawrence, Wood 
of Pennington. 

Arrangement and Phraseology — Corson of Lawrence, 
Goddard of McCook, Boucher of McPherson, Willis of Aurora, 



Tuesday, July 9, 1889. 25 

Cooper of Beadle, Matson of Kingsbury, Vanbuskirk of Cod- 
ington, Wood of Pennington, Young of Lake. 

Manufactures and Agriculture — Lee of Spink, Whit- 
lock of Potter, Westcott of Deuel, Lyons of Miner, Gifford of 
Minnehaha, Kimball of Clay, Edgerton of Yankton, Diefendorf 
of McCook, Smith of Charles Mix. 

Expenses of the Convention — Huntley of Jerauld, Par- 
ker of Fall River, Fellows of Aurora, Jeffries of Clark, Wil- 
liamson of Moody, McFarland of Lincoln, Sherwood of Clark. 

Engrossment and Enrollment — Hartley of Hand, Peck 
of Hamlin, Lyons of Miner, Berdahl of Minnehaha, Wheeler of 
Butte. 

PETITIONS AND RESOLUTIONS. 

Mr. Williams of Faulk presented 

A petition from the society of Mennonites asking to be ex- 
cused from military duty. 

Referred to the Committee on Military Affairs. 

Mr. Kellam offered the following resolution and moved its 
adoption. 

Motion carried. 

Whereas, By resolution of this convention authorizing the 
same, the president of this convention has named and appointed 
as the members of the joint commission on the part of South 
Dakota to agree upon an equitable division of the property be- 
longing to the Territory of Dakota; the disposition of all public 
records, and adjust and agree upon the amount of the debts and 
liabilities of the territory, which should be assumed and paid by 
each of the states of North Dakota and South Dakota, the fol- 
lowing named members of the convention, to-wit: 

A. G. Kellam, V. T. McGillycuddy, Henry Niell, E. W. 
Caldwell, Wm. Elliott, C. H. Price, S. F. Brott. 

Now, be it Resolved, That the aforesaid appointment by the 
president be, and the same is, by this convention hereby adopt- 
ed and in all things confirmed. 

Mr. Clough moved 

A reconsideration of the motion providing the number of 
the daily journal. 

Carried. 

On motion of Mr. Clough 

The original motion was amended to read 500 copies instead 
of 200 copies. 

Motion as amended carried. 



26 Journal of the Convention, 

Mr. Zitka moved 

That the constitution of 1885 be read in this convention to- 
morrow, for the purpose of referring different subjects to ap- 
propriate committees, 

Which motion prevailed. 

Mr. Neill moved 

An amendment to rule (33), 

Which was referred to the Committee on Rules. 

Mr. McGillycuddy introduced 

A resolution relating to school lands, 

Which was referred to the Committee on School Lands. 

Mr. Clough introduced 

A communication relative to public seal. 

Referred to Committee on Public Seal. 

Mr. Jeffries, of Clark, 

Was excused till Monday. 

Mr. Anderson, of Hand, 

Was excused for two days. 

Mr. Neill introduced 

Resolution authorizing the President to excuse absentees. 

Referred to the Committee on Rules. 

Mr. Corson introduced 

A resolution relating to public indebtedness. 

Referred to Committee on State, County and Municipal 
Indebtedness. 

Mr. Neill introduced 

A resolution relative to election of clerks of the court. 

Referred to Committee on Schedules. 

Mr. Smith 

Was granted leave of absence for to-morrow. 

On motion of Mr. Ringsrud 

The President was authorized to designate one of the 
official stenographers to accompany the Commission to Bis- 
marck. 

Mr. Coats 

Was excused from attendance till Friday. 

Mr. VanBuskirk 

Was excused from attendance for three days. 

Mr. Zitka moved to adjourn. 

Carried. 



Wednesday, July io, 1889. 27 



SEVENTH DAY. 

Sioux Falls, Dakota, July 10, 1889. 
2 o'clock P. M. 

Convention called to order by the president. 
Prayer was offered by the chaplain. 
On motion of Mr. Price 

The reading of the journal was dispensed with, the vote 
standing 

Ayes 30, Nays 19. 

COMMUNICATIONS AND PETITIONS. 

Mr. Spooner introduced 

A resolution relative to the development of the artesian 
system of South Dakota. 

Referred to the Committee on Federal Relations. 

Mr. Jolley, from the Committee on Rules 

Reported as follows: 

Sioux Falls, July 10, 1889. 
Mr. President: 

Your Committee on Rules have instructed me to report that 
they recommend that Rule 33 should be amended to read as 
follows : 

Rule 33. All motions and resolutions not pertaining to the 
current business of the convention, shall be, upon being read, 
referred by the President to the appropriate committee without 
debate, and such motion or resolution shall not be printed in the 
Journal until reported from committee. 

And I am further instructed by the Committee on Rules to 
report that they recommend an additional rule for the govern-' 
ment of this convention, to wit: 

Rule 45. That the President of this convention is author- 
ized and empowered to grant leave of absence to any member 
of this convention for a period not to exceed three days. 

John L. Jolley, 

Chairman. 

Report adopted. 



28 Journal of the Convention, 



RESOLUTIONS AND PROPOSITIONS RELATING TO THE CONSTITUTION. 

Mr. Sterling presented 

A resolution relative to leasing of school lands, 
Which was referred to the Committee on Education and 
School Lands. 

Mr. Price introduced 

A resolution to amend Section 3, Article III. of the Consti- 
tution. 

Referred to the Legislative Committee. 

Mr. Price introduced 

A resolution to amend Section 1, Article XIV. 

Referred to the Committee on State Institutions. 

Mr. Clough introduced 

A resolution relative to the election of county auditors. 

Referred to the Committee on Schedule. 

SPECIAL ORDER. 

Mr. Caldwell moved 

That the reading of the constitution as ordered yesterday 
be by captions only, and 

That the President refer each section to appropriate com- 
mittees. 
Which motion prevailed. 

Preamble 

Was referred to 'the Committee on Arrangement and 
Phraseology. 

Article I 

Was referred to the Committee on Name and Boundaries. 

Article II 

Was referred to the Committee on Arrangement and 
Phraseology. 

Article III 

Was referred to the Legislative Committee. 

Article IV 

Was referred to the Executive and Administrative Com- 
mittee. 

Article V 

Was referred to the Committee on Judiciary. 

Article VI 

Was referred to the Committee on Bill of Rights. 

Article VII 



Wednesday, July io, 1889. 29 

Was referred to the Committee on Elections and Right of 
Suffrage. 

Article VIII 

Was referred to the Committee on Education and School 
Lands. 

Article IX 

Was referred to the Committee on County and Township 
Organization. 

Article X 

Was referred to the Committee on Municipal Corporations. 

Article XI 

Was referred to the Committee on Revenues and Finance. 

Article XII 

Was referred to to the Committee on Pubjic Accounts and 
Expenditures. 

Article XIII 

Was referred to the Committee on State, County and 
Municipal Indebtedness. 

Article XIV 

Was referred to the Committee on State Institutions and 

Public Buildings. 

Article XV 

Was referred to the Committee on Military Affairs. 

Article XVI 

Was referred to the Legislative Committee. 

Article XVII 

Was referred to the Committee on Corporations other than 
Banking and Municipal. 

Article XVIII 

Was referred to the Committee on Banking and Currency. 

Article XIX 

Was referred to the Committee on Congressional and Leg- 
islative Apportionment. 

Article XX 

Was referred to the Committee on Name, Boundary and 
Seat of Government. 
Article XXI 

Was divided and referred, as follows: 
Section 1 

To the Committee on Coat-of-Arms. 
Section 2 
To the Committee on Compensation of Public Officers. 



30 Journal of the Convention, 



Section 3 

To the Committee on Miscellaneous Subjects. 

Section 4 

To the Commitee on Exemptions. 

Section 5 

To the Committee on Rights of Married Women. 

Article XXII 

Was referred to the Committee on Federal Relations. 

Article XXIII 

Was referred to the Committee on Amendments and Re- 
vision. 

Mr. Corson moved 

That further consideration of reference to committees be 
postponed till tomorrow and made the special order at 2 o'clock 
p. M., which motion prevailed. 

Mr. Corson mo\ r ed 

That the vote by which the various articles were referred 
to the various committees be reconsidered, and the considera- 
tion of this motion be postponed till to-morrow, and made the 
special order at 2 o'clock p. m., 

Which motion prevailed. 

Mr. Humphrey moved 

That a committee of three be appointed to carefully proof- 
read and compare the copy of the constitution, as found in Long's 
Legislative hand-boook, with the original copy now in the hands 
of the President of this convention, and report any and all errors 
or discrepencies existing therein. 

Motion was carried, and 

The President appointed Messrs. Humphrey, Zitka and 
Dickinson as said committee. 

The President announced 

For Clerk of Committee on Legislative Apportionment the 
name of Charles H. Anderson. 

Also, 

For Clerk of the Schedule and Submission Committee the 
name of C. S. Dietz. 

On motion of Mr. Fellows 

The convention adjourned. 



Thursday, July ii, 1889. 31 



EIGHTH DAY. 

Sioux Falls, Dakota, July it, 1889. 

2 o'clock P. M. 

Convention called to order by the president. 

Prayer by the chaplain. 

On motion 

The reading of the journal was dispensed with. 

Mr. Humphrey submitted 

The following memorial: 
To the President of the United States : 

Your memorialists, the members of the Constitutional Con- 
vention, for the State of South Dakota, now in convention as- 
sembled at Sioux Falls, in said state respectfully represented: 

That several of the most valuable sections of the lands re- 
served for the use of the state for school purposes, which lie in 
agricultural districts, and some of which are contiguous to con- 
siderable towns and cities are sought to be improperly appro- 
priated under pretense or claim that they are mineral or coal 
lands, and therefore subject to appropriation and entry under the 
mineral and coal land laws of the United States. Successful ef- 
forts in this behalf will cause great loss to the school fund of the 
state. 

Proceedings by the claimants to such lands are necessarily 
ex parte, and at present no authority exists in the state, or any 
of its agents to oppose these claims. 

Your memorialists are advised that applications for patents 
have been, or are about being made to the land department of 
the United States for such lands based upon their alleged min- 
eral character. We know of no proceeding by any authorized 
agent of the people of South Dakota by which the applications 
for patent can be as yet successfully resisted. The people have 
no standing in the department for such purpose. As soon as 
the state shall be admitted, and its agents qualified, South Da- 
kota will be in condition to resist their claims successfully, or to 
protect the rights of the state whatever they may be relating 
thereto. 



Journal of the Convention, 



Therefore your memorialists respectfully but earnestly pray 
the President of the United States to direct that all proceedings 
relating to the entry of or issuance of patent to alleged mineral 
or coal lands situated within the agricultural districts of South 
Dakota be postponed and stayed until the State is by proclama- 
tion of the President declared admitted into the Union of States 
and until the Legislature of said State shall have the opportunity 
to appoint the requisite agents therefor and provide by law for 
contesting the right to make such entries and obtain from the 
government patents to such lands. 

H. A. HUMPHREY, 
Acting Chairman of Committee on School Lands. 

REPORTS OF SELECT COMMITTEES. 

Mr. Humphrey made report on proof-reading and errata of 
Sioux Falls Constitution of 1885. The report was referred to 
the Committee on Pbraseolog} 7 . 

CONSIDERATION OF REPORTS OF STANDING COMMITTEES. 

The memorial to the President of the United States relative 
to school lands was considered. 

Mr. Hole moved 

To recommit the memorial to the Committee on School 
Lands for further consideration and amendment. 

The motion was lost by a vote of 

A}'es 28; noes 32. 

The previous question was moved and roll call demanded. 

The vote stood 

Ayes — 

Atkinson, Berdahl, Boucher, Buechler, Caldwell, Clough, 
Cook, Cooper, Corson, Culver, Davies, Dickinson, Downing, 
Eddy, Edgerton of Yankton, Fellows, Gifford, Harris, Hartley, 
Heninger, Hole, Houlton, Huntley, Humphrey, Jolley, Lee, 
Matson, McCusick, McGillycuddy, Murphy, O'Brien, Peck, 
Ramsey, Ringsrud, Scollard, Sherwood, Smith, Spooner, Stod- 
dard, Sterling, Stroupe, Thompson, Van Tassel, Westcott, 
Wheeler, Whitlock, Williams, Williamson, Wood of Spink, 
Zitka and Mr. President. (56). 

Noes — 

Couchman, Diefendorf, Fowles, Goddard, Kellam, 
McFarland, Price and Wood ot Pennington. (8). 

So the previous question was ordered, the question being 
upon 



Thursday, July ii, 1889. 33 

The Adoption of the Memorial. 

The vote was Ayes — 

Atkinson, Berdahl, Buechler, Clough, Cook, Corson, Cul- 
ver, Davies, Dickinson, Downing, Eddy, Edgerton of Yankton, 
Gifford, Houlton, Huntley, Humphrey, Lee, Matson, McGilly- 
cuddy, O'Brien Peck, Ringsrud, Sherwood, Smith, Spooner, 
Stoddard, Sterling, Stroupe, Thompson, Westcott, Wheeler, 
Willis, Williams, Williamson, Wood of Spink, and Mr. Presi- 
dent. (36). 

Noes — 

Boucher, Caldwell, Cooper, Couchman, Diefendorf, Fellows, 
Fowles, Goddard, Harris, Hartley, Heninger, Hole, Jolley, Kel- 
lam, McKusick, McFarland, Murphy, Price, Ramsey, Scollard, 
Van Tassel, Whitlock, Wood of Pennington, Zitka. (24..). 

So the Memorial 

Was Adopted. 

SPECIAL ORDER. 

Mr. Corson asked unanimous consent to withdraw motions 
of yesterday made special order. 

Consent granted. 

Article XXIV 

Was referred to the Committee on Schedule. 

Article XXV 

Was referred to the Committee on Amendments to the Con- 
stitution. 

The Schedule and Ordinance 

Was referred to the Committee on Schedule and Ordinance. 

Mr. Williams, of Bon Homme, submitted a resolution rela- 
tive to the powers of the committees of this convention. 

Resolved, That a committee of five be appointed by the 
president of this convention, whose duty it shall be to procure 
from its custodian the Original Sioux Falls Constitution of 1885, 
and carefully compare the same with the " Omnibus Bill," and 
report said Original Constitution of 1885 to this convention, 
together with the changes therein authorized by the " Omnibus 
Bill," with its recommendations thereon, together with the 
powers granted to and prohibited this convention by the Omnibus 
Bill. 

Mr. Price moved 

To postpone indefinitely. 

The vote stood Ayes 40, Noes 18, 

So the consideration of the resolution was postponed indefi- 
nitely. 



34 Journal of the Convention, 



Mr. Williamson introduced a resolution for which 

Mr. Humphrey offered the following substitute which was 
accepted : 

Resolved, That the several committees provided for by the 
convention be directed to proceed to the discharge of their sev- 
eral duties, and report to this convention only such changes and 
amendments to the constitution as in their judgment are directed 
by or are necessary in order to comply with the provisions of 
the enabling act known as the Omnibus Bill, under the authority 
of which we are here convened, and by the provisions of which 
we must be guided and controled. 

Mr. Lee moved 
i To lay the resolution on the table, 

Which motion prevailed. 

Mr. Boucher introduced 

Resolutions relative to religious freedom, public land, rights 
of Indians and public schools which 

Upon motion of Mr. Corson 

Were referred to the Committee on Federal Relations. 

Mr. Clough presented 

A petition from the Sioux Falls District meetings of M. E. 
Church, asking for safeguards about elections. 

Referred to Committee on Schedule. 

On motion of Mr. Lee 

'The Convention adjourned. 



NINTH DAY. 

Sioux Falls, Dakota, July 12, 1889. 

2 o'clock p. M. 

Convention called to order by the president. 

Prayer by the chaplain. 

Journal read, corrected and approved. 

Mr. Sherwood moved 

A reconsideration of the Memorial to the President of the 
United States passed yesterday, in order to amend by correcting 
error in the last section. 

The president decided 

That a reconsideration for any purpose brings the whole 
subject before the convention. 



Friday, July 12, 1889. 35 

Mr. Humphrey moved 

To lay the motion to reconsider on the table, 
Which motion prevailed. 

Mr. McKusick asked leave of absence for the remainder of 
the session. 

Such leave granted. 

On motion of Mr. Davies 

Convention adjourned. 



TENTH DAY. 

Sioux Falls, Dakota, July 13, 1889. 

2 o'clock p. M. 

Convention called to order by Mr. Corson of Lawrence. 

The clerk read a 

Communication from the president of the convention, as 
follows : 

Sioux Falls, Dak., July 12, 1889. 
Judge Corson: — 

I shall be absent from Saturday till Monday. Will you 
please act in the meantime as president of the Constitutional 
Convention. 

A. J. Edgerton. 

Prayer by the chaplain. 

Journal read and approved. 

Mr. Craig presented a 

Design for the State Seal, 

Which was referred to Committee on Seal. 

On motion of Mr. Young 

The Convention adjourned. 



TWELFTH DAY. 

Sioux Falls, Dakota, July 15, 1889. 
2 o'clock P. M. 

Convention called to order by Mr. Corson of Lawrence. 
Moved by Mr. Dickinson 
That the roll be called. 



36 Journal of the Convention, 



On motion of Mr. Humphrey 

The above motion was laid on the table. 

The journal was read and approved. 

Resolution offered by Mr. Humphrey 

As follows: 

Resolved, That it is the sense of this convention that stand- 
ing committees should report with as much promptness and dis- 
patch as the proper discharge of their duties will, permit. 

The resolution was adopted. 

On motion of Mr. Humphrey 

The convention adjourned. 



THIRTEENTH DAY. 

Sioux Falls, Dakota, July 16, 1889. 

2 o'clock P. M. 

Convention called to order by the president. 

Prayer by the chaplain. 

Journal read and approved. 

The president appointed 

Mr. C. R. Westcott in place of Mr. McKusick on the Con- 
gressional and Legislative Apportionment Committee, Mr. Mc- 
Kusick having been excused from further attending this Con- 
vention on account of other public duties requiring his attention. 

Mr. Willis reported 

The following resolution: 

Resolved^ That the Judiciary Committee, be, and are, here- 
by requested to examine and report to the convention whether 
or not in their judgment any portion of the $20,000 appropria- 
tion may be used to defray the expenses of the May or October 
elections. 

Resolution adopted. 

REPORTS OF STANDING COMMITTEES. 

Upon motion of Mr. Westcott 

The clerk called the roll of committees. 

The Committee on Executive and Administrative 

Reported as follows: 



Tuesday, July 16, 1889. 37 



To the President of the Constitutional Convention of South 
Dakota : 

We, the undersigned, the duly appointed Executive and 
Administrative Committee of this Convention, do hereby respect- 
fully report, that we have carefully examined Article IV of the 
constitution of the proposed state of South Dakota, approv- 
ed by the voters thereof May 14, 1889, and rind that, no change is 
necessary or proper in said Article IV, in order to comply with 
the provisions of the Enabling Act, passed by the congress of 
the United States. 

Sioux Falls, July, 1889. 

C. R. Westcott, 
R. C. Anderson. 
J. Downing. 
W. G. Dickinson. 
W. H. Murphy. 
Upon motion of Mr. Sterling 

The report was made a special order for to-morrow. 
The Committee on Amendments and Revision of the Con- 
stitution submitted the following report : 

Sioux Falls, Dakota, July 16, 1889. 
Mr. President: 

Your Committee on Amendments and Revision of the 
Constitution to whom was referred Article XXIII of the Con- 
stitution, beg leave to report that we have examined said article 
and find no change necessary in order to make same conform 
to the Enabling Act, and we therefore recommend that the same 
be submitted as originally drawn. 

L. T. Boucher. 
J. Downing. 
Wm. Cook. 
Wm. Stoddard. 
C. J. B. Harris. 
Mr. Boucher moved 
That the report be adopted. 
Upon motion of Mr. Atkinson 

The report was made the special order for to-morrow. 
Upon motion of Mr. VanTassel 
The convention adjourned. 



38 Journal of the Convention, 



FOURTEENTH DAY. 

Sioux Falls, Dakota, July 17, 1889. 
2 o'clock p. m. 

Convention called to order by the President. 
Prayer by the Rev. Clough. 
Journal read and approved. 

COMMUNICATIONS AND PRESENTATIONS OF PETITIONS. 

A communication from E. Chad wick and others relating to 
names of new states was received, and referred to the Com- 
mittee on Name, Boundaries and Seat of Government. 

A communication from George A. Shufeldt, regarding pro- 
hibition was received, and referred to the Committee on Schedule. 

An invitation from Mr. Kanouse to visit the State peni- 
tentiary was received and read. 

REPORTS OF STANDING COMMITTEES. 

The Judiciary Committee submitted the following report: 
Mr. President: 

Your Committee on Judiciary, to whom was referred the 
resolution requesting said Committee to examine and report to 
the convention whether or not, in their judgment, any portion of 
the $20,000 appropriation may be used to defray the expenses of 
the May or October elections, beg leave to report: That it is the 
judgment of this Committee that no part of said appropriation 
can be used for the purpose of defraying the expenses of such 
elections. 

Thomas Sterling, 
H. A. Humphrey, 
Chauncey L. Wood, 
W. T. Williams, 
C. G. Sherwood, 
S. A. Ramsey, 
C. J. B. Harris, 
Geo. C. Cooper, 
H. F. Fellows, 
H. W. Eddy, 
S. B. VanBuskirk, 

Of the Judiciary Committee. 



Wednesday, July 17, 1889. 39 

The Committee on The Rights of Married Women 
Submitted their report as follows: 

Sioux Falls, Dak., July — , '89. 
Mr. President: 

Your Committee on " Rights of Married Women," to whom 
was referred Section (5) Five of Article (21) Twenty-one, enti- 
tled " Rights of Married Women," have considered the same 
and have compared said section with the Sioux Falls Constitu- 
tion and the Act of Congress known as the " Omnibus Bill," and 
have instructed me to report the following as Section ( 5 ) Five of 
Article (21) Twenty- one of the Constitution, and that the same 
is in accordance with the Sioux Falls Constitution and the changes 
thereto authorized by the " Omnibus Bill." 

RIGHTS OF MARRIED WOMEN. 

Sec. 5. The real and personal property of any woman in 
this state, acquired before marriage, and all property to which 
she may after marriage become in any manner rightfully entitled, 
shall be her separate property, and shall not be liable for the 
debts of her husband. 

J. V. Willis, 

Chairman of Com. 
S. A. Wheeler. 

T. F. DlEFENDORF. 

T. W. Thompson. 
J. G. Davies. 
David Hall. 

Consideration of reports of standing committees: 
Mr. Spooner moved 

That the report of the Committee on the Rights of Married 
Women be adopted. 

Mr. Sherwood moved that the report be made a special 
order for tomorrow, which was adopted. 

Mr. Sherwood submitted a resolution, as follows: 

Whereas, It appears that several members of the Consti- 
tutional Convention which convened in the city of Sioux Falls on 
the 8th day of September, A. D., 1885, did not, through error 
or accident, sign the constitution adopted on November 3, 1885; 
and, 

Whereas, Some of the members of said convention who 
have been heretofore prevented from signing said constitution 
are now desirous of signing the same. 

Resolved, That the president of this convention be authorized 



4© Journal of the Convention, 

to permit any duly elected and qualified member of said consti- 
tutional convention of 1885, who has not heretofore signed said 
constitution to attach his signature to the same. 
Referred to the Judiciary Committee. 

SPECIAL ORDER. 

Mr. Sherwood was called to the chair. 
On motion of Mr. Dickinson 

The reports made the special order for today were referred 
back to the appropriate committees for amendment. 

Mr. Young submitted 

The following resolution which was referred to the Committee 
on Judiciary. 

Whereas, The Fiftieth Congress by the Enabling Act for 
South Dakota, North Dakota, Montana and Washington makes 
several new grants of lands, moneys and buildings to South Da- 
kota upon its admission into the Union to be used exclusively for 
specific purposes; and 

Whereas, It is a mooted question with some members of the 
convention as to whether it is obligatory on this convention and 
fitting for it to acknowledge and accept said grants by a resolu- 
tion of the convention. 

Therefore be it 

Resolved, That the Committee on the Judiciary be requested 
to report on the necessity of such a resolution. 

On motion of Mr. Sterling 
The Convention adjourned. 



FIFTEENTH DAY. 

Sioux Falls, Dak., July 18, 1889. 

2 o'clock P. M. 

The convention was called to order by the president. 

Prayer was offered by the Rev. Huntley. 

The Journal was read and approved. 

REPORTS OF STANDING COMMITTEES. 

The following reports from standing committees were sub- 
mitted : 



Thursday, July 18, 1889. 41 

Sioux Falls, South Dakota, July 18, 1889. 
Mr. President: 

Your Committee on Compensation of Public Officers, to 
whom was referred Section 2, of Article XXI, have considered 
the same and have compared said Section 2, of Article XXI, 
with the Sioux Falls Constitution and the Act of Congress known 
as the " Omnibus Bill," and have instructed me to report the fol- 
lowing as Section 2, of Article XXI of the Constitution and that 
the same is in accordance with the Sioux Falls Constitution and 
the changes therein authorized by the Omnibus Bill. 

Section 2. Compensation of Public Officers. — The 
Governor shall receive an annual salary of two thousand five 
hundred dollars; the Judges of the Supreme Court shall each re- 
ceive an annual salary of two thousand five hundred dollars; the 
Judges of the Circuit Courts shall each receive an annual salary 
of two thousand dollars; provided that the Legislature may, after 
the year one thousand eight hundred and ninety, increase the 
annual salary of the Governor and each of the Judges of the 
Supreme Court to three thousand dollars, and the annual salary 
of each of the Circuit Judges to two thousand five hundred 
dollars. 

The Secretary of State, State Treasurer and State Auditor 
shall each receive an annual salary of one thousand eight hun- 
dred dollars; the Commissioner of School and Public Lands shall 
each receive an annual salary of one thousand eight hundred 
dollars; the Superintendent of Public Instruction shall receive an 
annual salary of one thousand eight hundred dollars; the Attorney 
General shall receive an annual salary of one thousand dollars; 
the compensation of Lieutenant Governor shall be double the com- 
pensation of a State Senator. 

They shall receive no fees or perquisites whatever for the 
performance of any duties connected with their offices. It shall 
not be competent for the Legislature to increase the salaries of the 
officers named in this article except as herein provided. 
Respectfully submitted, 

H. M. Williamson, Chairman, 
I. R. Spooner, 
J. A. Fowles, 
Chauncey L. Wood. 

Sioux Falls, South Dakota, July 18, 1889. 
Mr. President: 

Your Committee on "Public Accounts and Expenditures," to 
whom was referred Article 12, entitled " Public Accounts and 



42 Journal of the Convention, 

Expenditures," have considered the same and have compared 
said Article 1 2 with the Sioux Falls Constitution and the Act of 
Congress known as the " Omnibus Bill," and have instructed me 
to report the following as Article 12 of the Constitution and that 
the same is in accordance with the Sioux Falls Constitution and 
the changes thereto authorized by the " Omnibus Bill." 

ARTICLE XII. 

PUBLIC ACCOUNTS AND EXPENDITURES. 

Section i. No money shall be paid out of the treasury 
except upon appropriation by law and on warrant drawn by the 
proper officer. 

Sec 2. The general appropriation bill shall embrace noth- 
ing but appropriations for ordinary expenses of the executive, 
legislative and judicial departments of the State, the current ex- 
penses of State institutions, interest on public debt, and for com- 
mon schools. • All other appropriations shall be made by sepa- 
rate bills, each embracing but one object, and shall require a two- 
thirds vote of all the members of each branch of the Legislature. 

Sec 3. The Legislature shall never grant any extra com- 
pensation to any public officer, employe, agent or contractor after 
the services shall have been rendered or the contract entered into, 
nor authorize the payment of any claims or part thereof created 
against the State, under any agreement or contract made with- 
out express authority of law, and all such unauthorized agree- 
ments or contracts shall be null and void; nor shall the compen- 
sation of any public officer be increased or diminished during his 
term of office; provided, however, that the legislature may make 
appropriations for expenditures incurred in suppressing insurrec- 
tion or repelling invasion. 

Sec 4. An itemized statement of all receipts and expendi- 
tures of the public moneys shall be published annually in such 
manner as the legislature shall provide, and such statement shall 
be submitted to the legislature at the beginning of each regular 
session by the Governor with his message. 

A. O. RlNGSRUD, 

J. V. Willis, 

M. R. Heninger, 

J. G. Davies, 

H. M. Williamson, 

John Scollard, 

W. T. Williams. 



Thursday, July 18, 1889. 43 



Sioux Falls, Dak., July, 1! 
Mr. President: 

Your Committee on Amendments and "Revisions of the 
Constitution, to whom was referred Article 23, entitled, * Amend- 
ments and Revisions of the Constitution," have considered 
the same and have compared said article with the Sioux Falls 
Constitution and the act of Congress known as the " Omnibus 
Bill" and have instructed me to report the following as Article 
XXIII of the Constitution, and that the same is in accordance 
with the Sioux Falls Constitution and the changes thereto 
authorized by the " Omnibus Bill." 

ARTICLE XXIII. 

AMENDMENTS AND REVISIONS OF THE CONSTITUTION. 

Section i. Any amendment or amendments to this 
Constitution may be proposed in either house of the Legislature 
and if the same shall be agreed to by a majority of the members 
elected to each of the two houses, such proposed amendment or 
amendments shall be entered on their Journals, with the yeas and 
nays taken thereon, and it shall be the duty of the Legislature to 
submit such proposed amendment or amendments to the vote of 
the people at the next general election. And if the people shall 
approve and ratify such amendment or amendments by a major- 
ity of the electors voting thereon, such amendment or amend- 
ments shall become a part of this Constitution, provided, that the 
amendment or amendments so proposed shall be published for a 
period of twelve weeks previous to the date of said election, in 
such manner as the Legislature may provide; and provided 
further, that if more than one amendment be submitted they shall 
be submitted in such manner that the people may vote for or 
against such amendments separately. 

Sec. 2. Whenever two-thirds of the members elected to 
each branch of the Legislature shall think it necessary to call a 
convention to revise this Constitution they shall recommend to 
the electors to vote at the next election for members of the Legis- 
lature, for or against a Convention; and if a majority of all the 
electors voting at said election shall have voted for a Convention, 
the legislature shall, at their next session, provide by law for call- 
ing the same. The Convention shall consist of as many mem- 
bers as the house of representatives and shall be chosen in the 
same manner, and shall meet within three months after their 
election for the purpose aforesaid. 



44 Journal of the Convention, 



Sioux Falls, South Dakota, July 18, i 

Mr. President: 

Your Committee on Corporations Other than Banking and 
Municipal," to whom was referred Article XVII, entitled " Cor- 
porations," have considered the same and have compared said 
Article with the Sioux Falls Constitution and the Act of Con- 
gress known as the " Omnibus Bill" and have instructed me to 
report the following as Article XVII of the Constitution and that 
the same is in accordance with the Sioux Falls Constitution and 
the changes therein authorized by the "Omnibus Bill:" 

ARTICLE XVII. 

CORPORATIONS. 

Section i. No corporation shall be created or have its 
charter extended, changed or amended by special laws except 
those for charitable, educational, penal or reformatory purposes, 
which are to be and remain under the patronage and control of 
the State; but the Legislature shall provide by general laws for 
the organization of all corporations hereafter to be created. 

Sec. 2. All existing charters, or grants of special or ex- 
clusive privileges, under which a bona fide organization shall not 
have taken place and business been commenced in good faith at 
the time this constitution takes effect, shall thereafter have no 
validity. 

Sec. 3. The Legislature shall not remit the forfeiture of the 
charter of any corporation now existing nor alter or amend the 
same nor pass any other general or special law for the benefit of 
such corporation, except upon the condition that such corporation 
shall thereafter hold its charter subject to the provisions of this 
constitution. 

Sec 4. The exercise of the right of eminent domain shall 
never be abridged or so construed as to prevent the Legislature 
from taking the property and franchises of incorporated com- 
panies and subjecting them to public use, the same as the prop- 
erty of individuals; and the exercise of the police power of the 
State shall never be abridged or so construed as to permit cor- 
porations to conduct their business in such manner as to infringe 
the equal rights of individuals or the general well being of the 
State. 

Sec 5. In all elections for directors or managers of a cor- 
poration, each member or shareholder may cast the whole num- 
ber of his votes for one candidate, or distribute them upon two 
or more candidates as he may prefer. 



Thursday, July 18, 1889. 45 

Sec. 6. No foreign corporation shall do any business in 
this State without having one or more known places of business 
and an authorized agent or agents in the same upon whom pro- 
cess may be served. 

Sec 7. No corporation shall engage in any business other 
than that expressly authorized in its charter nor shall it take or 
hold any real estate except such as may be necessary and proper 
for its legitimate business. 

Sec. 8. No corporation shall issue stocks or bonds except 
for money, labor done or money or property actually received; 
and all fictitious increase of stock or indebtedness shall be void. 
The stock and indebtedness of corporations shall not be increas- 
ed except in pursuance of general law nor without the consent of 
the persons holding the larger amount in value of the stock first 
obtained, at a meeting to be held after sixty days' notice given in 
pursuance of law. 

Sec 9. The Legislature shall have the power to alter, revise 
or annul any charter of any corporation now existing and revocable 
at the taking effect of this constitution, or any that may be cre- 
ated, whenever in their opinion it may be injurious to the cities 
of this State; in such a manner, however, that no injustice shall 
be done to the incorporators. No law hereafter enacted shall 
create, renew or extend the charter of more than one corpora- 
tion. 

Sec 10. No law shall be passed by the Legislature grant- 
ing the right to construct and operate a street railroad within 
any city, town or incorporated village without requiring the con- 
sent of the local authorities having the control of the street or 
highway proposed to be occupied by such street railroad. 

Sec 11. Any association or corporation organized for the 
purpose, or any individual, shall have the right to construct and 
maintain lines of telegraph in this State, and to connect the same 
with other lines; and the Legislature shall by general law of 
uniform operation provide reasonable regulations to give full 
effect to this section. No telegraph company shall consolidate 
with, or hold a controlling interest in the stock or bonds of any 
other telegraph company owning a competing line, or acquire 
by purchase or otherwise, any other competing line of telegraph. 

Sec 12. Every railroad corporation organized or doing 
business in this State under the laws or authority thereof shall 
have and maintain a public office or place in this State for the 
transaction of its business, where transfers of its stock shall be 
made, and in which shall be kept for public inspection books in 



46 Journal of the Convention, 



which shall be recorded the amount of capital stock subscribed, 
and by whom; the names of the owners of its stock, and the 
amount owned by them respectively; the amount of stock paid 
in, and by whom; the transfers of said stock; the amount of its 
assets and liabilities, and the names and place of residence of its 
officers. The directors of every railroad corporation shall an- 
nually make a report, under oath, to the auditor of public ac- 
counts, or some officer or officers to be designated by law, of all 
their acts and doings, which report shall include such matters 
relating to railroads as may be prescribed by law, and the Leg- 
islature shall pass laws enforcing by suitable penalties the pro- 
vious of this section. 

Sec. 13. The rolling stock and all other movable property 
belonging to any railroad company or corporation in this State 
shall be considered personal property, and shall be liable to exe- 
cution and sale in the same manner as the personal property of 
individuals, and the legislature shall pass no laws exempting such 
property from execution and sale. 

Sec. 14. No railroad corporation shall consolidate its stock, 
property or franchise with any other railroad corporation own- 
ing a parallel or competing line; and in no case shall any consol- 
idation take place except upon public notice given at least sixty 
days to all stockholders, in such -manner as may be provided by 
law. Any attempt to evade the provisions of this section, by 
any railroad corporation, by lease or otherwise, shall work a for- 
feiture of its charter. 

Sec. 15. Railwa}^ heretofore constructed, or that may 
hereafter be constructed, in this State are hereby declared public 
highways, and all railroad and transportation companies are de- 
clared to be common carriers and subject to legislative control; 
and the Legislature shall have power to enact laws regulating and 
controlling the rates of charges for the transportation of passen- 
gers and freight as such common carriers from one point to 
another in this state. 

Sec 16. Any association or corporation organized for the 
purpose shall have the right to construct and operate a railroad 
between any points within this State, and to connect at the State 
line with railroads of other states. Every railroad company 
shall have the right with its road to intersect, connect or cross 
any other railroad, and shall receive and transport each the other's 
passengers, tonnage and cars, loaded or empty, without delay or 
discrimination. 

Sec. 1 7- The Legislature shall pass laws to correct abuses 



Thursday, July 18, 1889. 47 



and prevent discrimination and extortion in the rates of freight 
and passenger tariffs on the different railroads in this State, and 
enforce such laws by adequate penalties, to the extent, if neces- 
sary for that purpose, of forfeiture of their property and 
franchises. 

Sec. 18.. Municipal and other corporations and individuals 
invested with the privilege of taking private property for public 
use shall make just compensation for property taken, injured or 
destroyed by the construction or enlargement of their works, 
highways or improvements, which compensation shall be paid 
or secured before such taking, injury or destruction. The Legis- 
lature is hereby prohibited from depriving any person of an ap- 
peal from any preliminary assessment of damages against any 
such corporation or individuals, made by viewers or otherwise; 
and the amount of such damages in all cases of appeal shall on 
the demand of either party, be determined by a jury as in other 
civil cases. 

Sec. 19. The term " corporations," as used in this article, 
shall be construed to include all joint stock companies or asso- 
ciations having any of the powers or privileges of corporations 
not possessed by individuals or partnerships. 

W. G. Dickinson, 
Chairman of the Committee. 

Sioux Falls, Dakota, July 17, 1889. 
Mr. President: 

Your Committee on Bill of Rights, to whom was referred 
Article VI, entitled " Bill of Rights," have considered the same 
and have compared said Article VI with the Sioux Falls Consti- 
tution and the Act of Congress known as the " Omnibus Bill," 
and have instructed me to report the following as Article VI of 
the Constitution and the changes thereto authorized by the 
Omnibus Bill, to-wit: In Section Twenty-six where the words 
" State of Dakota " appear it shall be so altered as to read " State 
of South Dakota. 

Committee of Bill of Rights. 
I. R. Spooner, 

Chairman. 

ARTICLE VI. 

BILL OF RIGHTS. 

Section i. All men are born equally free and independ- 
ent, and have certain inherent rights, among which are those ot 
enjoying and defending life and liberty, of acquiring and protect- 
ing property and the pursuit , of happiness. To secure these 



48 Journal of the Convention, 

rights governments are instituted among men, deriving their 
just powers from the consent of the governed. 

Sec. 2. No person shall be deprived of life, liberty or 
property without due process of law. 

Sec 3. The right to worship God according to the dic- 
tates of conscience shall never be infringed. No person shall be 
denied any civil or political right, privilege or capacity on ac- 
count of his religious opinions; but the liberty of conscience 
hereby secured shall not be so construed as to excuse licentious- 
ness, the invasion of the rights of others, or justify practices in- 
consistent with the peace or safety of the State. No person 
shall be compelled to attend or support any ministry or place of 
worship against his consent, nor shall any preference be given 
by law to any religious establishment or mode of worship. No 
money or property of the State shall be given or appropriated 
for the benefit of any sectarian of religious society or institution. 

Sec. 4. The right of petition, and of the people peaceably 
to assemble to consult for the common good and make known 
their opinions, shall never be abridged. 

Sec 5. Every person may freely speak, write and publish 
on all subjects, being responsible for the abuse of that right. 
In all trials for libel, both civil and criminal, the truth, when pub- 
lished, with good motives or justifiable ends, shall be a sufficient 
defense. The jury shall have the right to determine the fact 
and the law under the direction of the court. 

Sec 6. The right of trial by jury shall remain inviolate, 
and shall extend to all cases at law without regard to the amount 
in controversy, but the Legislature may provide for a jury of 
less than twelve in any court not a court of record, and for the 
decision of civil cases by three-fourths of the jury in any court. 

Sec 7. In all criminal prosecutions the accused shall have 
the right to defend in person and by counsel; to demand the na- 
ture and cause of the accusation against him; to have a copy 
thereof; to meet the witnesses against him face to face; to have 
compulsory process served for obtaining witnesses in his behalf, 
and to a speedy public trial by an impartial jury of the county or 
district in which the offense is alleged to have been committed. 

Sec 8. All persons shall be bailable by sufficient sureties, 
except for capital offenses when proof is evident or presumption 
great. The privilege of the writ of habeas corpus shall not be 
suspended, unless in case of rebellion or invasion, the public 
safety may require it. 



Thursday, July 18, 1889. 49 

Sec. 9. No person shall be compelled in any criminal case 
to give evidence against himself or be twice put in jeopardy for 
the same offense. 

Sec 10. No person shall be held for a criminal offense un- 
less on the presentment or indictment of a grand jury, or infor- 
mation of the public prosecutor, except in cases of impeachment, 
in cases cognizable by county courts, by justices of the peace, and 
in cases arising in the army or navy, or in the militia when in 
actual service in time of war or public danger: provided, that the 
grand jury may be modified or abolished by law. 

Sec. ii. The right of the people to be secure in their 
persons, houses, papers and effects, against unreasonable searches 
and seizures shall not be violated, and no warrant shall issue but 
upon probable cause supported by affidavit, particularly describ- 
ing the place to be searched and the person or thing to be 
seized. 

Sec 12. No ex post facto law, or law impairing the obli- 
gation of contracts or making any irrevocable grant or privilege, 
franchise or immunity, shall be passed. 

Sec 13. Private property shall not be taken for public 
use or damaged, without just compensation as determined by a 
jury, which shall be paid as soon as it can be ascertained, and 
before possession is taken. No benefit which may accrue to the 
owner as the result of an improvement made by any private cor- 
poration shall be considered in fixing the compensation for prop- 
erty taken or damaged. The fee of land taken for railroad 
tracks or other highways shall remain in such owners, subject to 
the use for which it is taken. 

Sec 14. No distinction shall ever be made by law be- 
tween resident aliens and citizens, in reference to the possession, 
enjoyment or descent of property. 

Sec 15. No person shall be imprisoned for debt arising 
out of or founded upon a contract. 

Sec 16. The militia shall be in strict subordination to the 
civil power. No soldier in time of peace shall be quartered in 
any house without consent of the owner, nor in time of war, ex- 
cept in the manner prescribed by law. 

Sec 17. No tax or duty shall be imposed without the con- 
sent of the people or their representatives in the legislature, and 
all taxation shall be equal and uniform. 

Sec 18. No law shall be passed granting to any citizen, 
class of citizens or corporation, priviliges or immunities which 



50 Journal of the Convention, 

upon the same terms shall not equally belong to all citizens 
or corporations. 

Sec. 19. Elections shall be free and equal, and no power, 
civil or military, shall at any time interfere to prevent the free ex- 
ercise of the right of suffrage. Soldiers in time of war may vote 
at their post of duty in or out of the State, under regulations to 
be prescribed by the Legislature. 

Sec 20. All courts shall be open, and every man for an 
injury done him in his property, person or reputation, shall have 
remedy by due course of law, and right and justice, adminis- 
tered without denial or delay. 

Sec. 21. No power of suspending law shall be exercised 
unless by the Legislature or its authority. 

Sec. 22. No person shall be attainted of treason or felony 
by the Legislature. 

Sec 23. Excessive bail shall not be required, excessive 
fines imposed, nor cruel punishments inflicted. 

Sec 24. The rights of the citizens to bear arms in defense 
of themselves and the State shall not be denied. 

Sec 25. Treason against the State shall consist only in levy- 
ing war against it, or in adhering to its enemies, or in giving 
them aid and comfort. No person shall be convicted of treason 
unless on the testimony of two witnesses to the same overt act 
or confession in open court. 

Sec 26. All political power is inherent in the- people and 
all free government is founded on their authority, and is institu- 
ted for their equal protection and benefit, and they have the right 
in lawful and constituted methods to alter or reform their forms 
of government in such manner as they may think proper. And 
the State of South Dakota is an inseparable part of the American 
union and the Constitution of the United States is the supreme 
law of the land. 

Sec 27. The blessings of a free government can only be 
maintained by a firm adherence to justice, moderation, temper- 
ance, frugality and virtue, and by frequent recurrence to funda- 
mental principles. 

Mr. President: 

Your committee on Municipal Corporations to whom was 
referred Article X, entitled " Municipal Corporations," have con- 
sidered the same and have compared said Article X with the 
Sioux Falls Constitution and the act of Congress known as the 
"Omnibus Bill" and have instructed me to report the following as 



Thursday, July 18, 1889. 51 



article X of the Constitution and that the same is in accordance 
with the Sioux Falls Constitution and the changes thereto autho- 
rized by the Omnibus Bill. 

David Hall. 

H. L. Fellows. 
• J. F. Wood. 

Geo. C. Cooper. 

I. Atkinson. 

ARTICLE X. 

MUNICIPAL CORPORATIONS. 

Section i. The Legislature shall provide by general laws 
for the organization and classification of municipal corporations. 
The number of such classes shall not exceed four, and the powers 
of each class shall be defined by the general laws, so that no such 
corporations shall have any powers, or be subject to any restric- 
tions other than all corporations of the same class. The Legisla- 
ture shall restrict the power of such corporations to levy taxes 
and assessments, borrow money and contract debts, so as to pre- 
vent the abuse of such power. 

Sec. 2. Except as otherwise provided in this Constitution, no 
tax or assessment shall be levied or collected, or debts contract- 
ed by municipal corporations, except in pursuance of law, for 
public purposes specified by law; nor shall money raised by tax- 
ation, loan or assessment, for one purpose, ever be diverted to 
any other. 

Sec 3. No street passenger railway or telegraph or tele- 
phone line shall be constructed within the limits of any village, 
town or city without the consent of its local authorities. 

On motion of Mr. Willis, 

The above reports w r ere made the special order for to-mor- 
row. 

SPECIAL ORDER. 

The report of the Committee on Rights of Married Wo- 
men, made the special order for to-day, was read. 

Mr. Sterling moved 

The adoption of the report as read. 

Motion carried. 

Mr. Humphrey offered the following motion : 

Moved, 

That the reports of Standing Committees be required to 



52 Journal of the Convention, 

clearly and plainly show what, if any, changes or amendments to 
the Constitution are proposed. 

On motion of Mr. Hole it was 

Referred to the Committee on Rules. 

On motion of Mr. Davies 

The Convention adjourned. 



SIXTEENTH DAY. 

Sioux Falls, Dak., July 19, 1889. 
2 o'clock P. M. 

Convention called to order by the President. 
Prayer by the Rev. Matson. 

On motion of Mr. Fellows reading of the Journal was dis- 
pensed with. 

REPORTS OF STANDING COMMITTEES. 

The following reports were submitted; 

Sioux Falls, Dak., July 19, 1889. 
Mr. President: 

Your committee on Legislative to whom was referred Ar- 
ticle XVI, entitled " Impeachment and Removal from Office" 
have considered the same and have compared said Article XVI 
with the Sioux Falls Constitution and the Act of Congress known 
as the "Omnibus Bill," and have instructed me to report the fol- 
lowing as Article XVI of the Constitution and that the same is 
in accordance with the Sioux Falls Constitution and the change 
thereto authorized by the "Omnibus Bill." 

ARTICLE XVI. 

Section i. The House of Representatives shall have the 
sole power of impeachment. The concurrence of a majority of 
all members elected shall be necessary to an impeachment. 

Sec. 2. All impeachments shall be tried by the Senate. 
When sitting for that purpose the Senators shall be upon oath 
or affirmation to do justice according to law and evidence. No 
person shall be convicted without the concurrence of two-thirds 
of the members elected. When the Governor or Lieutenant 
Governor is on trial the presiding judge of the Supreme Court 
shall preside. 

Sec. 3. The Governor and other State and Judicial officers 
except county judges, justices of the peace and police magis- 
trates, shall be liable to impeachment for drunkenness, crimes, 
corrupt conduct or malfeasance or misdemeanor in office, but 



" 



Friday, July 19, 1889. 53 

judgment in such cases shall not extend further than to removal 
from office and disqualification to hold any office of trust or profit 
under the State. The person accused, whether convicted or ac- 
quitted, shall nevertheless be liable to indictment, trial, judgment 
and punishment according to law. 

Sec. 4. All officers not liable to impeachment shall be sub- 
ject to removal for misconduct, malfeasance, crime or mis- 
demeanor in office or for drunkenness or gross incompetency in 
such manner as may be provided by law. 

Sec. 5. No officer shall exercise the duties of his office 
after he shall have been impeached and before his acquittal. 

Sec. 6. On trial of an impeachment against the Governor 
the Lieutenant Governor shall not act as a member of the Court. 

Sec. 7- No person shall be tried on impeachment before 
he shall have been served with a copy thereof at least twenty 
days previous to the day set for trial. 

Sec. 8. No person shall be liable to impeachment twice 
for the same offense. 

A. B. McFarland, Chairman. 
S. A. Ramsey. 
Wm. Cook, 
R. F. Lyon. 

report of committee on election and right of suffrage. 

Mr. President: 

The committee to whom was referred Article VII, en- 
titled "Election and Right of Suffrage," respectfully report, that 
we find the same to be in conformity with the Enabling Act, and 
recommend that no alterations be made. 

ARTICLE VII. 

elections and right of suffrage. 

Section i. Every male person resident of this State who 
shall be of the age of twenty-one years and upwards, not other- 
wise disqualified, belonging to either of the following classes, 
who shall be a qualified elector under the laws of the Territory 
of Dakota at the date of the ratification of this Constitution by 
the people, or who shall have resided in the United States one 
year, in this State six months, in the County thirty days and in 
the election precinct where he offers his vote ten days next pre- 
ceding any election, shall be deemed a qualified elector at such 
election : 

First: Citizens of the United States. 

Second: Persons of foreign birth who shall have declared 



54 Journal of the Convention, 

their intention to become citizens conformably to the laws of the 
United States upon the subject of naturalization. 

Sec. 2. The Legislature shall at its first session after the 
admission of the State into the Union, submit to a vote of the 
electors of the State the following question to be voted upon at 
the next general election held thereafter, namely : " Shall the 
word ' male ' be stricken from the article of the Constitution re- 
* lating to election and the right of suffrage." If a majority of 
the votes cast upon that question are in favor of striking out 
said word "male," it shall be stricken out and there shall there- 
after be no distinction between males and females in the exercise 
of the right of suffrage at any election in this State. 

Sec. 3. All votes shall be by ballot, but the Legislature 
may provide for numbering ballots for the purpose of preventing 
and detecting fraud. 

Sec 4. All general elections shall be biennial. 

Sec 5. Electors shall in all cases except treason, felony or 
breach of the peace, be privileged from arrest during their at- 
tendance at elections and in going to and returning from the 
same. And no elector shall be obliged to do military duty on 
the days of elections, except in time of war or public danger. 

Sec 6. No elector shall be deemed to have lost his resi- 
dence in this State by reason of his absence on business of the 
United States or of this State, or in the military or naval service 
of the United States. 

Sec 7. No soldier, seaman or marine in the army or navy 
of the United States shall be deemed a resident of this State in 
consequence of being stationed therein. 

Sec 8. No person under guardianship, non compos mentis 
or insane, shall be qualified to vote at any election, nor shall any 
person convicted of treason or felony be qualified to vote at any 
election unless restored to civil rights. 

Sec 9. Any woman having the qualifications enumerated 
in section 1 of this article, as to age, residence and citizenship,, 
and including those now qualified by the laws of the Territory, 
may vote at any election held solely for purposes, and may hold 
any office in this State, except as otherwise provided in this Con- 
stitution. 

Wm. Stoddard. 
Wm. Cook. 
C. R. Westcott. 
John Scollard. 
J. F. Whitlock. 
Harry T. Craig. 



Friday, July 19, 1889. 55 



Mr. President: 

Your Committee on Federal Relations, to which the propo- 
sition or resolution, presented by Mr. Boucher, relating to com- 
pact with the United States, was referred, would respectfully re- 
port that we have had the same under consideration and have 
decided to report herewith " An Ordinance irrevocable without 
the consent of the United States and the People of this State, re- 
lating to Religious Toleration, Public Lands, Taxation of Lands, 
Debts of the Territory of Dakota and Public Schools," and 
would recommend the passage of said Ordinance. 

Your committee would further report that we have had 
under consideration Article XXII of the Sioux Falls Constitu- 
tion and find that the same is defective because it does not con- 
tain all the provisions required by the Omnibus Bill, and we 
would therefore recommend that the said Article XXII be 
stricken out of the Constitution. 

We would further report that the said Ordinance contains 
all the provisions of said Article XXII and such additional pro- 
visions, not contained in said Article XXII as are required by 
the Omnibus Bill, so called, or Enabling Act. 

An Ordinance, irrevocable without the consent of the Uni- 
ted States and the People of this State, relating to Religious 
Toleration, Public Lands, Taxation of Lands, Debts of the Ter- 
ritory of Dakota and Public Schools. 

Be it Ordained by the Constitutional Conventioii of the State of 
South Dakota-. 

First: That perfect toleration of religious sentiment shall 
be secured, and that no inhabitant of this State shall ever be mo- 
lested in person or property on account of his or her mode of 
religious worship. 

Second: That the people inhabiting this State do agree 
and declare that they forever disclaim all right and title to the 
unappropriated public lands lying within the boundaries thereof, 
and to all lands lying within said limits owned or held by any 
Indian or Indian Tribes; and that until the title thereto shall have 
been extinguished by the United States, the same shall be and 
remain subject to the disposition of the United States, and the 
said Indian lands shall remain under the absolute jurisdiction and 
and control of the Congress of the United States; that the 
lands belonging to citizens of the United States residing without 
this State shall never be taxed at a higher rate than the lands 
belonging to residents of this State; that no taxes shall be im- 
posed by this State on lands or property therein belonging to, 



56 Journal of the Convention, 



or which may hereafter be purchased by the United States or 
reserved for its use. But nothing herein shall preclude this 
State from taxing, as other lands are taxed, any lands owned or 
held by any Indian who has severed his tribal relations, and 
has obtained from the United States or from any person a title 
thereto by patent or other grant, save and except such lands as 
have been or may be granted to any Indian or Indians under any 
act of Congress containing a provision exempting the lands thus 
granted from taxation but that all such lands shall be exempt 
from taxation by this State so long and to such extent as such 
act of Congress may prescribe. 

Third: That the State of South Dakota shall assume and 
pay that portion of the debts and liabilities of the Territory of 
Dakota which the joint commission appointed by the Constitu- 
tional Conventions of North Dakota and South Dakota have 
adjusted and agreed upon as the just proportion of said debt and 
liabilities to be assumed and paid by South Dakota. The agree- 
ment reached respecting said debts and liabilities is incorporated 
in the Constitution of this State and this State obligates itself to 
pay its proportion of such debts and liabilities, as therein speci- 
fied, the same as if they had been created by this State. 

Fourth: That provision shall be made for the establishment 
and maintenance of systems of public schools, which shall be 
open to all the children of this State and free from sectarian 
control. 

Fifth. That this Ordinance shall be and remain irrevocable 
without the consent of the United States and the people of this 
State. 

W. H. Murphy, 
C. A. Houlton, 
C. G. Sherwood, 
C. J. B. Harris. 

Mr. President: 

Your Committee on Federal Relations to which was refer- 
red the resolution relating to a memorial to Congress for the ap- 
pointment of a commission for the purpose of making a geologi- 
cal and hydrographic survey of the State would Respectfully re- 
port that we have had the same under consideration and have 
decided to report the accompanying memorial and recommend 
its passage. 

A MEMORIAL to the Congress of the United States request- 
ing the appointment of a Commission for the purpose of mak- 
ing a geological and hydrographic survey of the State. 



Friday, July 19, 1889. 57 

To the Congress of the United States: 

The Constitutional Convention of the State of South Dakota 
duly assembled would respectfully represent to your honorable 
body that it has been demonstrated that within the limits of South 
Dakota there exists what is known as an artesian basin or system, 
but that its extent has not been fully determined. And that a 
desire is being generally expressed by the people of South Da- 
kota that the matter be investigated and the extent of the system 
fully determined and its availability for the purposes of agricul- 
ture and manufactures be determined. 

Now, therefore, the said Convention would respectfully 
memoralize your honorable body and request you to appoint at 
the earliest possible time a Commission for the purpose of mak- 
ing and with power to make a thorough and complete geological 
and hydrographic survey of the State, including the mineralogical 
formation of the Black Hills and the artesian basin of South Da- 
kota, and that you make the necessary appropriations therefor. 

W. H. Murphy. 

C. A. Houlton. 

C. G. Sherwood. 

C. J. B. Harris. 

Mr. President: 

Your Committee on Education and School Lands to whom 
was referred Article (8) eight of the Constitution, entitled " Ed- 
ucation and School lands," having had the same under careful 
consideration, beg leave to report the following changes and 
amendments necessary to comply with the provisions of the 
Omnibus Enabling Act, to wit: 

First. To insert the words "and other," in the title. 

Second. To strike out in the first sentence of Section 5 the 
words, viz: "unless, after the year A. D. nineteen hundred, two 
successive Legislatures concur in a law otherwise directing." 

Third. To insert the word "South " before Dakota in Sec- 
tion 11. 

Fourth. To insert the words, " and all lands donated for 
other than educational and charitable purposes," after the word 
"section" in the second line of Section 8, and we herewith report 
Article VIII, with the changes and amendments aforesaid incor- 
porated therein, viz: 

ARTICLE VIII. 

EDUCATION AND SCHOOL AND OTHER LANDS. 

Section i. The stability of a republican form of govern- 



58 Journal of the Convention, 



merit depending on the morality and intelligence of the people, 
it shall be the duty of the Legislature to establish and maintain 
a general and uniform system of public schools wherein tuition 
shall be without charge, and equally open to all; and to adopt all 
suitable means to secure to the people the advantages and op- 
portunities of education. 

Sec. 2. All proceeds of the sale of public lands that have 
heretofore been or may hereafter be given by the United States 
for the use of public schools in the State ; all such per centum as 
may be granted by the United States on the sales of public lands ; 
the proceeds of all property that shall fall to the State by escheat; 
the proceeds of all gifts or donations to the State for public 
schools or not otherwise appropriated by the terms of the gift; 
and all property otherwise acquired for public schools, shall be 
and remain a perpetual fund for the maintenance of public 
schools in the State. It shall be deemed a trust fund held by the 
State. The principal shall forever remain inviolate, and may be 
increased, but shall never be diminished, and the State shall make 
good all losses thereof which may in any manner occur. , 

Sec. 3. The interest and income of this fund, together 
with the net proceeds of all fines for violation of State laws and 
all other sums which may be added thereto by law, shall be faith- 
fully used and applied each year for the benefit of the 
public schools of the State, and shall be for this purpose appor- 
tioned among and between all the several public school corpora- 
tions of the State in proportion to the number of children in each, 
of school age, as may be fixed by law; and no part of the fund, 
either principal or interest, shall ever be diverted, even tempo- 
rarily, from this purpose or used for any other purpose what- 
ever than the maintenance of public schools for the equal benefit 
of all the people of the State. 

Sec. 4. After one year from the assembling of the first 
Legislature, the lands granted to the State by the United States 
for the use of the public schools may be sold upon the following 
conditions and no other. Not more than one-third of all such 
land shall be sold within the first five years, and no more than 
two-thirds within the first fifteen years after the title thereto 
is vested in the State, and the Legislature shall, subject to the 
provisions of this article, provide for the sale of the same. 

The Commissioner of School and Public Lands, the State 
Auditor and the County Superintendent of Schools of the counties 
severally, shall constitute boards of appraisal and shall appraise 
all school lands within the several counties which they may from 
time to time select and designate for sale, at their actual value 



Friday, July 19, 1889. 59 



under the terms of sale. They shall take care first to select and 
designate for sale the most valuable lands; and they shall ascer- 
tain all such lands as may be of special and peculiar value, other 
than agricultural, and cause the proper subdivision of the same 
in order that the largest price may be obtained therefor. 

Sec. 5. No lands shall be sold for less than the appraised 
value and in no case for less than ten dollars an acre. The pur- 
chaser shall pay one-fourth of the price in cash and the remain- 
ing three-fourths as follows: One-fourth in five years, one-fourth 
in ten years and one-fourth in fifteen years, with interest thereon 
at the rate of not less than six per centum per annum, payable 
annually in advance ; but all such subdivided lands may be sold 
for cash, provided that upon payment of the interest for one full year 
in advance, the balance of the purchase price may be paid at any 
time. All sales shall be at public auction to the highest bidder, 
after sixty days' advertisement of the same in a newspaper of 
general circulation in the vicinity of the lands to be sold, and one 
at the seat of government. Such lands as shall not have been 
specially subdivided shall be offered in tracts of not more than 
eighty acres and those so subdivided in the smallest subdivisions. 
All lands designated for sale and not sold within four years after 
appraisal, shall be reappraised by the board of appraisal as here- 
inbefore provided before they are sold. 

Sec. 6. All sales shall be conducted through the office of 
the Commissioner of School and Public Lands as may be pre- 
scribed by law, and returns of all appraisals and sales shall be 
made to said office. No sale shall operate to convey any right 
of title to any lands for sixty days after the date thereof, nor 
until the same shall have received the approval of the Governor 
in such form as may be provided by law. No grant or patent 
for any such lands shall issue until final payment be made. 

Sec. 7. All lands, money or other property donated, grant- 
ed or received from the United States or any other source for a 
university, agricultural college, normal schools, or other educa- 
tional or charitable institution or purpose, and the proceeds of 
all such lands and other property so received from any source, 
shall be and remain perpetual funds, the interest and income of 
which, together with the rents of all such land as may remain 
unsold, shall be inviolably appropriated and applied to the speci- 
fic objects of the original grants or gifts. The principal of 
every such fund may be increased, but shall never be diminished, 
and the interest and income only shall be used. Every such 
fund shall be deemed a trust fund held by the State, and the 
State shall make good all losses therefrom that shall in any man- 
ner occur. 



60 Journal of the Convention, 

Sec. 8. All lands mentioned in the preceding section, and 
all lands donated for other than educational and charitable pur- 
poses, shall be appraised and sold in the same manner and b}^ 
the same officers and boards under the same limitations, and sub- 
ject to all the conditions as to price, sale and approval provided 
above for the appraisal and sale of lands for the benefit of pub- 
lic schools, but a distinct and separate account shall be kept by 
the proper officers of each of such funds. 

Sec. 9. No lands mentioned in this article shall be leased 
except for pasturage and meadow purposes and at public auc- 
tion after notice as hereinbefore provided in case of sale, and 
shall be offered in tracts not greater than one section. All rents 
shall be payable annually in advance, and no term of lease shall 
exceed rive years, nor shall any lease be valid until it receives 
the approval of the Governor. 

Sec. 10. No claim to any public lands by any trespasser 
thereon by reason of occupancy, cultivation or improvement 
thereof, shall ever be recognized; nor shall compensation ever 
be made on account of any improvements made by such tres- 
passer. 

Sec 11. The moneys of the permanent school and other 
educational funds shall be invested only in first mortgages upon 
good improved farm lands within this State as hereinafter pro- 
vided, or in bonds of^school corporations within the State, or in 
bonds of the UnitedjStates, or of the State of South Dakota. 
The Legislature shall provide by law the method of determining 
the amounts of said funds which shall be invested from time to 
time in such classes of securities respectively, taking care to 
secure continuous investments as far as possible. 

All mone} T s of said funds which may from time to time be 
designated for investment in farm mortgages and in the bonds 
of school corporations, shall for such purpose be divided among 
the organized counties of the State in proportion to population 
as nearly as provisions by law to secure continuous investments 
may permit. The several counties shall hold and manage the 
same as trust funds, and they shall be and remain responsible 
and accountable for the principal and interest of all such moneys 
received by them from the date of receipt until returned because 
not loaned; and in case of loss to any money so apportioned to 
any county, such county shall make the same good out of its 
common revenue. Counties shall invest said money in bonds of 
school corporations, or in first mortgages upon good improved 
farm lands within their limits respectively, but no farm loan 
shall exceed five hundred dollars to any one person, nor shall it 



Friday, July 19, 1889. 61 



exceed one-half the valuation of the lands as assessed for taxa- 
tion, and the rate of interest shall not be less than six per centum 
per annum, and shall be such other and higher rate as the Legis- 
lature may provide, and shall be payable semi-annually on the 
first day of January and July; provided, that wherever there 
are moneys of said funds in any county amounting to one thou- 
sand dollars that cannot be loaned according to the provisions of 
this section and any law pursuant thereto, the said sum may be 
returned to the State Treasurer to be entrusted to some other 
county or counties, or otherwise invested under the provisions of 
this section. 

Each county shall semi annually, on the first day of January 
and July, render an account of the condition of the funds in- 
trusted to it, to the Auditor of the State, and at the same time 
pay to or account to the State Treasurer for the interest due on 
all funds intrusted to it. 

The Legislature may provide by general law that counties 
may retain from interest collected in excess of six per centum 
per annum upon all said funds intrusted to them, not to exceed 
one per centum per annum. But no county shall be exempted 
from the obligation to make semi-annual payments to the State 
treasury of interest at the rate provided by law for said loans, 
except only said one per centum; and in no case shall the inter- 
est so to be paid be less than six per centum per annum. 

The Legislature shall provide by law for the safe invest- 
ment of the permanent school and other educational funds, and 
for the prompt collection of interest and income thereof, and to 
carry out the objects and provisions of this section. 

Sec. 12. The Governor may disapprove any sale, lease or 
investment other than such as are intrusted to the counties. 

Sec. 13. All losses to the permanent school or other edu- 
cational funds of this State which shall have been occasioned by 
the defalcation, negligence, mismanagement or fraud of the 
agents or officers controlling and managing the same, shall be 
audited by the proper authorities of the State. The amount so 
audited shall be a permanent funded debt against the State in 
favor of the fund sustaining the loss upon which not less than six 
per centum of annual interest shall be paid. The amount of in- 
debtedness so created shall not be counted as a part of the in- 
debtedness mentioned in Article XIII, Section 2. 

Sec. 14. The Legislature shall provide by law for the pro- 
tection of the school lands from trespass, or unlawful appropria- 
tion, and for their defense against all unauthorized claims or ef- 
forts to divert them from the school fund. 



62 Journal of the Convention, 



Sec. 15. The Legislature shall make such provisions by 
general taxation, and by authorizing the school corporations to 
levy such additional taxes, as with the income from the perman- 
ent school fund shall secure a thorough and efficient system of 
common schools throughout the State. 

Sec. 16. No appropriation of lands, money or other prop- 
erty or credits to aid any sectarian school shall ever be made by 
the State, or any county or municipality within the State, nor 
shall the State or any county or municipality within the State 
accept any grant, conveyance, gift or bequest of lands, money or 
other property to be used for sectarian purposes, and no sectar- 
ian instruction shall be allowed in any school or institution aided 
or supported by the State. 

Sec. 17. No teacher, State, county, township or district 
school officer shall be interested in the sale, proceeds or profits 
of any book, apparatus or furniture used or to be used in any 
school in this State, under such penalties as shall be provided by 
law. 

And we respectfully recommend the adoption of the amend- 
ments and the submission of the Article as amended. 

H. A. Humphrey, 

Acting Chairman of Com. 

C. G. Coats. 

F. G. Young. 

J. Downing. 

S. S. Peck. 

W. H. Matson. 

Geo. H. Culver. 

S. F. Huntley. 
Sioux Falls, South Dakota, July 18, 1889. 
Mr. President: 

Your Committee on " State Institutions and Public Build- 
ings," to whom was referred Article XIY, entitled " State In- 
stitutions " have considered the same and compared said Article 
XIV with the Sioux Falls Constitution and the Act of Congress 
known as the " Omnibus Bill " and have instructed me to report 
the following as Article XIV of the Constitution and that the 
same is in accordance with the Sioux Falls Constitution and the 
changes thereto authorized by the " Omnibus Bill." The inser- 
tion of the word "South" before Dakota in Section 1 comprises 
all the changes made. 

ARTICLE XIV. 

STATE INSTITUTIONS. 

Section i. The charitable and penal institutions of the 



Friday, July 19, 1889. 63 



State of South Dakota shall consist of a penitentiary, insane hos- 
pital, a school for the deaf and dumb, a school for the blind and 
a reform school. 

Sec. 2 . The State institutions provided for in the preced- 
ing section shall be under the control of a State Board of Chari- 
ties and Corrections, under such rules and restrictions as the 
Legislature shall provide ; such board to consist of not to exceed 
five members, to be appointed by the Governor and confirmed 
by the Senate, and whose compensation shall be fixed by law. 

Sec. 3. The State University, the Agricultural College, 
the normal schools and other educational institutions that may be 
sustained either wholly or in part by the State shall be under the 
control of a board of nine members, appointed by the Governor 
and confirmed by the Senate, to be designated the Regents of 
Education. They shall hold their office for six years, three re- 
tiring every second year. 

The Regents in connection with the faculty of each institu- 
tion shall fix the course of study in the same. 

The compensation of the Regents shall be fixed by the Leg- 
islature. 

Sec. 4. The Regents shall appoint a board of five mem- 
bers for each institution under their control, to be designated the 
Board of Trustees. They shall hold office for five years, one 
member retiring annually. The trustees of each institution shall 
appoint the faculty of the same, and shall provide for the current 
management of the institution, but all appointments and removals 
must have the approval of the Regents to be valid. The trus- 
tees of the several institutions shall receive no compensation for 
their services, but they shall be reimbursed for all expenses in- 
curred in the discharge of their duties, upon presenting an item- 
ized account of the same to the proper officer. Each board of 
trustees at its first meeting shall decide by lot the order in which 
its members shall retire from office. 

Sec 5. The Legislature shall provide that the science of 
mining and metallurgy be taught in at least one institution of 
learning under the patronage of the State. 

F. G. Young, Chairman. 
Wm. Van Eps, 
C. G. Hartley, 
J. Downing, 
Chauncey L. Wood, # 
C. Buechler, 
R. A. Smith, 
J. F. Wood. 



6\ Journal of the Convention, 

Sioux Falls, Dakota, July 18, 1889. 
Mr. President: 

Your Committee on Exemptions to whom was referred 
Section 4, Article XXI, entitled, " Exemptions," have considered 
the same, and have compared said Section 4, in Article XXI 
with the Sioux Falls Constitution and the Act of Congress known 
as the " Omnibus Bill " and have instructed me to report the fol- 
lowing as Section 4, Article XXI, of the Constitution and that 
the same is in accordance with the Sioux Falls Constitution and 
the changes thereto authorized by the " Omnibus Bill," without 
any amendments. 

Sec. 4. Exemptions. — The right of the debtor to enjoy 
the comforts and necessaries of life shall be recognized by whole- 
some laws exempting from forced sale a homestead, the value of 
which shall be limited and defined by law to all heads of families, 
and a reasonable amount of personal property, the kind and 
value of which to be lixed by general laws. 

C. Buechler, 

Chairman. 
J. A. Fowles, 
S. S. Peck, 
Geo. H. Culver, 
Geo. C. Cooper, 
S. D. Jeffries, 
M. R. Heninger, 
C. G. Coats. 

Sioux Falls, Dakota, July 19, 1889. 
Mr. President: 

Your Committee on Banking and Currency to whom was 
referred Article XVIII, entitled " Banking and Currency," have 
considered the same and have compared said Article XVIII with 
the Sioux Falls Constitution and the act of Congress known as 
the " Omnibus Bill," and have instructed me to report the fol- 
lowing as Article XVIII of the Constitution and that the same 
is in accordance with the Sioux Falls Constitution and the 
changes thereto authorized by the " Omnibus Bill." 

ARTICLE XVIII. 

banking and currency. 

^Section i. If a general banking law shall be enacted it 
shall provide for the registry and countersigning by an officer of 
this State of all bill or paper credit designed to circulate as 
money, and require security to the full amount thereof, to be de- 



Friday, July 19, 1889: 65 



posited with the State Treasurer, in the approved securities of 
the State or of the United States, to be rated at ten per cent, 
below their par value, and in case of their depreciation the defi- 
ciency shall be made good by depositing additional securities. 

Sec. 2. Every bank, banking company or corporation shall 
be required to cease all banking operations within twenty years 
from the time of its organization, and promptly thereafter close 
its business, but shall have corporate capacity to sue or be sued 
until its business is fully closed; but the Legislature may provide 
by general law for the reorganization of such banks. 

Sec. 3. The shareholders or stockholders of any banking 
corporation shall be held individually responsible and liable for 
all contracts, debts and engagements of such corporation to the 
extent of the amount of their stock therein, at the par value 
thereof, in addition to the amount invested in such shares of 
stock and such individual liability shall continue for one year 
after any transfer or sale of stock by any stockholder or stock- 
holders. 

J. G. Davis, Chairman, 
S. A. Ramsey, 
S. B. McFarland, 
S. F. Huntley, 

C. J. BUECHLER, 
C. S. GlFFORD. 

Sioux Falls, Dakota, July 19, 1889. 
Mr. President: 

Your committee on Seal and Coat of Arms to whom was 
referred Section 1 of Article XXI of the Constitution,, entitled 
" Seal and Coat of Arms," having had the same under careful 
consideration, beg leave to report the following changes neces- 
sary to comply with the provisions of the Omnibus Enabling Act, 
to-wit: To insert the word "South" before the word Dakota in 
the two instances where the words "State of Dakota" appear; 
and we herewith report Section 1, Article XXI, with the change 
aforesaid incorporated therein, viz : 

ARTICLE XXI. 

MISCELLANEOUS. 

Section i. Seal and Coat of Arms. — The design of 
the great seal of South Dakota shall be as follows: A circle within 
which shall appear in the left foreground a smelting furnace 
and other features of mining work. In the left background 
a range of hills. In the right foreground a farmer at his 
plow. In the right background a herd of cattle and a field 



66 Journal of the Convention, 

of corn. Between the two parts thus described shall appear a 
river bearing a steamboat. Properly divided between the upper 
and lower edges of the circle shall appear the legend, " Under 
God the People Rule/' which shall be the motto of the State of 
South Dakota. Exterior to this circle and within a circumscribed 
circle shall appear, in the upper part, the words " State of South 
Dakota." In the lower part the words " Great Seal," and the 
date in Arabic numerals of the year in which the State be admit- 
ted to the Union. 

And respectfully recommend the adoption of the change 
and the submission of the Article as amended. 

C. A. Houlton. 
H. A. Humphrey, 
John Scollard, 
J. F. Wood. 

Sioux Falls, South Dak., July 18, 1889. 
Mr. President: 

Your Committee on Miscellaneous Subjects to whom was 
referred Article XXI, Section 3, beg leave to report that in our 
opinion no change is necessary in said section, which is hereto 
attached. 

Sec. 3. Oath of Office. — Every person elected or ap- 
pointed to any office in this State, except such inferior offices as 
may be by law exempted, shall, before entering upon the duties 
thereof, take an oath or affirmation to support the Constitution 
of the United States and of this State, and faithfully to discharge 
the duties of his office. 

H. W. Eddy, Chairman. 

W. L. Williams. 

Wm. Cook. 

Wm. Stoddard. 

Sanford Parker. 

C. G. Hartley. 



Sioux Falls, Dakota, July 18, 1! 
Mr. President: 

Your Committee on Article IV of the Sioux Falls Constitu- 
tion, "Executive and Administrative," have considered the same 
and have compared said Article IV with the Act of Congress 
known as the "Omnibus Bill," and have instructed me to report 
the following as Article IV of the Constitution, and that the 
same is in accordance with the Sioux Falls Constitution and the 
Omnibus Bill. 

C. R. Westcott, Chairman of Com. 



Friday, July 19, 1889. 67 

ARTICLE IV. 

EXECUTIVE DEPARTMENT. 

Section i. The executive power shall be vested in a Gov- 
ernor who shall hold his office two years; a Lieutenant Governor 
who shall be elected at the same time and for the same term. 

Sec. 2. No person shall be eligible to the office of Gover- 
nor or Lieutenant Governor except a citizen of the United States 
and a qualified elector of the State, who shall have attained the 
age of 30 years, and who shall have resided two years next pre- 
ceding the election within the State or Territory, nor shall he be 
eligible to any other office during the term for which he shall 
have been elected. 

Sec. 3. " The Governor and Lieutenant Governor shall be 
elected by the qualified electors of the State at the time and place 
of choosing members of the Legislature. The persons respect- 
ively having the highest number of votes for Governor and 
Lieutenant Governor shall be elected, but if two or more shall 
have an equal and highest number of votes for Governor or Lieu- 
tenant Governor, the two houses of the Legislature at its next 
regular session shall forthwith, by joint ballot, choose one of such 
persons for said office. The returns of the election for Governor 
and Lieutenant Governor shall be made in such manner as shall 
be prescribed by law. 

Sec. 4. The Governor shall be commander-in-chief of the 
military and naval forces of the State, except when they shall be 
called into the service of the United States, and may call out the 
same to execute laws, suppress insurrection and repel invasion. 
He shall have power to convene the Legislature on extraordi- 
nary occasions. He shall at the commencement of each session 
communicate to the Legislature by message, information of the 
condition of the State, and shall recommend such measures as he 
shall deem expedient. He shall transact all necessary business 
with the officers of the government, civil and military. He shall 
expedite all such measures as may be resolved upon by the Leg- 
islature and shall take care that the laws be faithfully executed. 

Sec. 5. The Governor shall have the power to remit fines 
and forfeitures, to grant reprieves, commutations and pardons 
after conviction for all offenses except treason and cases of im- 
peachment; provided, that in all cases where the sentence of the 
court is capital punishment, imprisonment for life or for a longer 
term than two } r ears, or a fine exceeding $200, no pardon shall 
be granted, sentence commuted or fine remitted except upon the 
recommendation in writing of a board of pardons, consisting of 



68 Journal of the Convention, 



the presiding judge, Secretary of State and Attorney General, 
after full hearing in open session, and such recommendation, with 
the reasons therefor, shall be filed in the office of the Secretary 
of State; but the Legislature may by law in all cases regulate 
the manner in which the remission of fines, pardons, commuta- 
tions and reprieves may be applied for. Upon conviction for 
treason he shall have the power to suspend the execution of the 
sentence until the case shall be reported to the Legislature at its 
next regular session, when the Legislature shall either pardon or 
commute the sentence, direct the execution of the sentence or 
grant a further reprieve. He shall communicate to the Legisla- 
ture at each regular session, each case of remission of fine, re- 
prieve, commutation or pardon granted by him in the cases in 
which he is authorized to act without the recommendation 'of the 
said board of pardons, stating the name of the convict, the crime 
of which he is convicted, the sentence and ite date, and the date 
of the remission, commutation, pardon or reprieve, with his rea- 
sons for granting same. 

Sec. 6. In case of the death, impeachment, resignation, 
failure to qualify, absence from the State, removal from office, 
or other disability of the Governor, the powers and duties of the 
office for the residue of the term, or until he shall be acquitted, 
or the disability removed, shall devolve upon the Lieutenant 
Governor. 

Sec. 7. The Lieutenant Governor shall be President of the 
Senate, but shall have only a casting vote therein. If, during a 
vacancy in the office of Governor, the Lieutenant Governor 
shall be impeached, displaced, resign or die, or from mental or 
physical disease, or otherwise become incapable of performing 
the duties of his office, the Secretary of State shall act as Gover- 
nor until the vacancy shall be filled or the disability removed. 

Sec 8. When any office, shall from any cause become va- 
cant and no mode is provided by the Constitution or law for 
filling such vacancy, the Governor shall have power to fill such 
vacancy by appointment. 

Sec 9. Every bill which shall have passed the Legislature 
shall, before it becomes a law, be presented to the Governor. 
If he approve he shall sign it, but if not, he shall return it with 
his objection to the House in which it originated, which shall 
enter the objection at large upon the Journal and Proceedings 
to reconsider it. If, after such reconsideration, two-thirds of the 
members present shall agree to pass the bill, it shall be sent, to- 
gether with the objection, to the other House, by which it shall 



Friday, July 19, 1889. 69 



likewise be reconsidered, and if it be approved by two-thirds of 
the members present, it shall become a law; but in all such cases 
the vote of both Houses shall be determined by the yeas and 
nays, and the names of the members voting for and against the 
bill shall be entered upon the Journal of each House respectively. 
If any bill shall not be returned by the Governor within three 
days (Sunday excepted) after it shall have been presented by 
him, the same shall be a law, unless the Legislature shall by its 
adjournment prevent its return; in which case it shall be filed, 
with his objection, in the office of the Secretary of State, within 
ten days after such adjournment or become a law. 

Sec. 10. The Governor shall have power to disapprove of 
any item or items of any bill making appropriations of money 
embracing distinct items and part or parts of the bill approved 
shall be law, and the item or items disapproved shall be void, 
unless enacted in manner following: If the Legislature be in ses- 
sion he shall transmit to the House in which the bill originated a 
copy of the item or items thereof disapproved, together with his 
objections thereto, and the items objected to shall be separately 
reconsidered, and each item shall then take the same course as is 
prescribed for the passage of bills over the executive veto. 

Sec. 11. Any Governor of this State who asks, receives 
or agrees to receive any bribe upon any understanding that his 
official opinion, judgment or action shall be influenced thereby, 
or who gives, or offers, or promises his official influence in con- 
sideration that any member of the Legislature shall give his of- 
ficial vote or influence on any particular side of any question or 
matter upon which he may be required to act in his official ca- 
pacity, or who menaces any member by the threatened use of his 
veto power, or who offers or promises any member that he, the 
said Governor, will appoint any particular person or persons to 
any office created or thereafter to be created; in consideration 
that any member shall give his official vote or influence on any 
matter pending or thereafter to be introduced into either house of 
said Legislature, or who threatens any member that he, the said 
Governor, will remove any person or persons from any office or 
position with intent to in any manner influence the official action 
of said members, shall be punished in the manner now, or that 
may hereafter be provided by law, and upon conviction thereon 
shall forfeit all right to hold or exercise any office of trust or 
honor in this State. 

Sec 12. There shall be chosen by the qualified electors of 
the State at the times and places of choosing members of the 
Legislature, a Secretary of State, Auditor, Treasurer, Superin- 



70 Journal of the Convention, 

tendent of Public Instruction, Commissioner of School and Pub- 
lic Lands, and Attorney General, who shall severally hold their 
offices for the term ot two years, but no person shall be eligible 
to the office of Treasurer for more than two terms consecutively. 
They shall respectively keep their offices at the seat of govern- 
ment. 

Sec. 13. The powers and duties of the Secretary of State, 
Auditor, Treasurer, Superintendent of Public Instruction, Com- 
missioner of School and Public Lands and Attorney General 
shall be as prescribed by law. 

C. R. Westcott, 
Chairman of Executive and Administrative Committee. 

To the President of the Constitutional Convention, South Dakota : 
We, the undersigned Committee on Manufactures and 
Agriculture, do hereby respectfully report that on careful ex- 
amination we find that no changes are required in those parts of 
the Constitution, submitted to our inspection, in order to comply 
with the provisions of the Enabling Act passed by the Congress 
of the United States. 

Sioux Falls, July 19, 1889. 

T. W. P. Lee. 

J. F. Whitlock. 

R. A. Smith. 

T. F. DlEFENDORF. 
C. S. GlFFORD. 

E. G. Edgerton. 
C. R. Wescott. 
R. F. Lyons. 

Sioux Falls, Dakota, July 18, 1889. 
Mr. President: 

Your Committee on Military affairs to whom was referred 
Article No. XV, entitled "Militia," have considered the same 
and have compared said Article No. XV with the Sioux Falls 
Constitution and the Act of Congress, known as the Omnibus 
Bill, and we report the following as Article XV of the Constitu- 
tion and that the same is in accordance with the Sioux Falls 
Constitution, and the changes thereto authorized by the Omnibus 
Bill, viz. : the name South Dakota in sections one and six in lieu 
of Dakota. 

Section i. The militia of the State of South Dakota, 
shall consist of all able bodied male persons residing in 
the State, between the ages of 18 and 45 years, except such per- 
sons as now are, or hereafter may be exempted by the laws of 
the United States or of this State. 



Friday, July 19, 1889. 71 

Sec. 2. The Legislature shall provide by the law for the en- 
rollment, uniforms, equipment and dicipline of the militia and the 
establishment of volunteer and such other organizations or both, 
as may be deemed necessary for the protection of the State, the 
preservation of order and the efficiency and good of the service. 

Sec. 3. The Legislature, in providing for the organization 
of the militia, shall conform, as nearly as practicable, to the reg- 
ulations for the government of the armies of the United States. 

Sec. 4. All militia officers shall be commissioned by the 
Governor, and may hold their commissions for such period of 
time as the Legislature may provide, subject to removal by the 
Governor for cause, to be first ascertained by a Court Martial, 
pursuant to law. 

Sec. 5. The militia shall in all cases, except treason, 
felony or breach of the peace, be privileged from arrest during 
their attendance at muster and elections, and in going to and re- 
turning from the same. 

Sec. 6. All millitary records, banners and relics of the 
State, except when in lawful use, shall be preserved in the office 
of the Adjutant General as an enduring memorial of the patriot- 
ism and valor of South Dakota, and it shall be the duty of the 
Legislature to provide by law for the safe -keeping of the same. 

Sec. 7- No person having conscientious scruples against 
bearing arms shall be compelled to do military duty in time of 
peace. 

Respectfully submitted, 

E. E. Clough, 
W. H. Matson, 
T. W. P. Lee, 

W. H. GODDARD. 

Further: 

There was submitted to your committee a petition from 
Jacob Schmidt and other Russian citizens asking that Section 7 
of Article XV be so amended as to at all times exempt persons 
having such religious scruples from doing military duty; the 
committee finds that it is not possible for this Convention to so 
amend said Section 7, Article XV. 
• E. E. Clough, 

Chairman Committee. 

Mr. Davies moved 

That all reports of Standing Committees submitted to-day 
be made special order for to-morrow. 

Mr. Atkinson moved 



72 Journal of the Convention, 



To amend by making said reports special order for Tues- 
day, July 23d. 

Amendment carried. 

SPECIAL ORDER. 

The President called Mr. VanBuskirk to the chair. 
On motion of Mr. Sterling 

The report of the Committee on Compensation of Public 
Officers as submitted yesterday was adopted. 
On motion of Mr. Davies 

The report of the Committee on Public Accounts and 
Expenditures was adopted. 

The report of the Committee on Amendment and Revision 
of the Constitution was, on motion of Mr. Boucher, amended by 
inserting the words "of the Legislature" after the words 
"House of Representatives" in Section 2, Article XXIII. 

On motion of Mr. Dickinson the report was adopted as 
amended. 

The report of the Committee on Corporations other than 
Banking and Municipal was, on motion of Mr. Harris, adopted. 
Upon motion of Mr. Sterling 

The report of the Committee on Bill of Rights was adopted. 
The report of the Committee on Municipal Corporations 
was, on motion of Mr. Davies, adopted. 

The Judiciary Committee submitted the following report 
which, on motion of Mr. Humphrey, was referred to the Com- 
mittee on Amendments and Revision of the Constitution with 
instruction to report on next Tuesday. 
Mr. President: 

Your Committee on Judiciary, to whom was referred the 
resolution requesting the committee to report as to the necessity 
of accepting the several new grants of lands, moneys and build- 
ings to South Dakota by a resolution of the Convention, would 
respectfully report: That without determining the necessity of 
such resolution, the committee recommend, that a section be in- 
corporated in the Constitution, formally accepting such grants. 

Thos. Sterling, 
H. A. Humphrey, 
A. J. Berdahl, 
H. W. Eddy, 
W. T. Williams, 
S. A. Ramsey, 
D. Corson, 
C. J. B. Harris, 
S. B. VanBuskirk, 
Of the Judiciary Committee. 



Friday, July 19, 1889. 73 



The Judiciary Committee made the following report. 

Sioux Falls, July 19, 1 



Mr. President: 

Your Committee on Judiciary to whom was referred the 
resolution pertaining to the signing of the Constitution by mem- 
bers of the Constitutional Convention of 1885, who by inad- 
vertance or other cause were prevented from signing the same 
respectfully report: 

That upon consideration of such resolution it is the sense 
of the committee that this Convention has no authority to grant 
permission to such members to affix their signatures to the Con- 
stitution of 1885. 

Thomas Sterling, 
H. A. Humphrey, 
A. J. Berdahl, 
H. W. Eddy, 
W. T. Williams, 
S. A. Ramsey, 
D. Corson, 
C. J. B. Harris, 
S. B. VanBuskirk, 

Of the Judiciary Committee. 

On Motion of Mr. Young 
The report was adopted. 

Mr. Sterling moved that the report of the Committee on 
Education and School Lands be amended so that section 9 of Ar- 
ticle V shall read as follows : 

Sec. 9. The lands mentioned in this Article, may under 
such regulations as the Legislature shall prescribe, be leased for 
periods of not more than five years, in quantities not exceeding 
one section to any one person or company. All rents shall be 
payable annually in advance, nor shall any lease be valid until it 
receives the approval of the Governor. 

On motion of Mr. Hole it was 

Referred to the Committee on Education and School Lands. 

On motion of Mr. Harris 

The Convention adjourned. 



74 Journal of the Convention, 



SEVENTEENTH DAY. 

Sioux Falls, Dak., July 20, 1 
2 o'clock P. M. 

Convention called to order by Judge Corson of Lawrence. 
Prayer was offered by Rev. E. E. Clough of Codington. 

The Clerk read the following communication from Presi- 
dent Edgerton. 

Sioux Falls, Dakota, July 20, 1889. 
Judge Corson: 

Will you please preside in the convention during my ab- 
sence. 

A. J. Edgerton. 
On motion of Mr. Young of Lake 
The convention adjourned. 



NINETEENTH DAY. 

Sioux Falls, Dakota, July 22, 1889. 
2 o'clock' P. M. 

Convention called to order by Judge Corson. 
Prayer by the chaplain. 
The journal was read and approved. 

reports of standing committees. 

The Committee on County and Township Organization sub- 
mitted their report as follows : 

Sioux Falls, Dakota, July 20, 1889. 
Mr. President : 

Your Committee on County and Township Organization, to 
whom was referred Article nine (9), entitled "Count}' and 
Township Organization," have considered the same and have 
compared said article with the Sioux Falls Constitution and the 
Act of Congress known as the "Omnibus Bill," and have in- 



Monday, July 22, 1889. 75 



structed me to report the following as Article nine (9) of the 
constitution, and that the same is in accordance with the Sioux 
Falls Constitution and the changes thereto authorized by the 
"Omnibus Bill." That no changes are made except prefixing 
the word "South" to Dakota: 

ARTICLE IX. 

COUNTY AND TOWNSHIP ORGANIZATION. 

Section i. The Legislature shall provide by general law 
for organizing new counties, locating the county seats thereof 
and changing county lines; but no new county shall be organ- 
ized so as to include an area of less than twenty-four congres- 
sional townships, as near as may be without dividing a township 
or fractional township, nor shall the boundaries of any organized 
county be changed so as to reduce the same to a less area than 
above specified. All changes in county boundaries in counties 
already organized before taking effect shall be submitted to the 
electors of the county or counties to be affected thereby, at the 
next general election thereafter, and be adopted by a majority of 
the votes cast in each county at such election. Counties now or- 
ganized shall remain as they are unless, changed according to 
the above provisions. 

Sec. 2. In counties already organized where the county 
seat has not been located by a majority vote, it shall be the 
duty of the county board to submit the location of the county 
seat to the electors of said county at a general election. The 
place receiving a majority of all votes cast at said election shall 
be the county seat of said county. 

Sec. 3. Whenever a majority of the legal voters of any 
organized county shall petition the county board to change the 
location of the county seat which has once been located by a ma- 
jority vote, specifying the place to which it is to be changed, said 
county board shall submit the same to the people of said county 
at the next general election, and if the proposition to change the 
county seat be ratified by two-thirds of the votes cast at 
said election, then the county seat shall be changed, otherwise not. 
A proposition to change the location of the county seat of any or- 
ganized county shall not again be submitted before the expira- 
tion of four years. 

Sec 4. The Legislature shall provide by general law for 
organizing the counties into townships, having due regard for 
Congressional township lines and natural boundaries, and when- 
ever the population is sufficient and the natural boundaries will 
permit, the civil townships shall be co-extensive with Congres- 
sional townships. 



76 Journal of the Convention, 

Sec. 5. In each organized county at the first general elec- 
tion held after the admission of the State of South Dakota into 
the Union, and every two years thereafter, there shall be elected 
a clerk of the court, sheriff, county auditor, register of deeds, 
treasurer, state's attorney, surveyor, coroner, and superintendent 
of schools, whose terms of office respectively shall be two years, 
and except the clerk of the court, no person shall be eligible for 
more than four years in succession to any .of the above named 
offices. 

Sec 6. The Legislature shall provide by general law for 
such county, township and district officers as may be deemed 
necessary, and shall prescribe the duties and compensation of all 
county, township, and district afficers. 

Sec. 7. All county, township and district officers shall be 
electors in the county, township, or district in which they are 
elected, provided that nothing in this section shall prevent the 
holding of school offices by any person as provided in Section 9, 
Article VII. 

J. F. WHITLOCK, 

Chairman. 

The Committee on Engrossment and Enrollment presented 
engrossed copy of the Memorial to the President of the United 
States concerning school lands. 

On motion of Mr. Spooner 

The report of the Committee on County and Township Or- 
ganization was made the special order for to-morrow. 

Mr. Goddard offered 

A resolution instructing the Joint Commission at Bismarck 
to arbitrate the boundary question. 

Read and referred to the Committee on Name, Boundary, 
and Seat of Government. 

On motion of Mr. Spooner, 

The vote by which Article XXI was adopted was recon- 
sidered. 

On motion of Mr. Clough, 

Article XXI was amended by striking out the word "each" 
where it occurs between the words "public lands shall" and the 
word "receive" in Section 2 of said Article. 

On motion of Mr. Goddard, 

The report as amended was adopted. 

On motion of Mr. Spooner, 
The Convention adjourned. 



Tuesday, July 23, 1889. 77 



TWENTIETH DAY. 

Sioux Falls, Dakota, July 23, 1889. 

2 o'clock p. M. 

Convention called to order by Judge Corson. 

Prayer was offered by Rev. Matson. 

Journal read and approved. 

Communication from American Sabbath Union presented 
and referred to a special committee consisting of Messrs. Clough, 
Huntley, Willis, Wood of Pennington and Ramsey. 

REPORTS OF STANDING COMMITTEES. 

Report of Judiciary Committee submitted as follows: 
Mr. President: 

Your Committee on Judiciary to whom was referred Article 
V of the Constitution entitled "Judicial Department," having had 
the same under consideration, together with those provisions of 
the " Omnibus Bill," relating to said department, beg leave to 
report as follows: 

First. That upon the question of the power of the Conven- 
tion to increase the number of Judicial circuits, the committee, 
after full discussion and examination conclude that under Section 
5 of said " Omnibus Bill," allowing such changes in the Consti- 
tution as relate to the re-apportionment of Judicial districts, such 
increase by this Convention is clearly authorized. 

Second. That the Committee have likewise carefully con- 
sidered the expediency and the necessity of such increase. In 
the older and more thickly populated counties a large volume of 
business has been long pending before the courts; and new 
counties, largely settled since the apportionment by the Conven- 
tion of 1885, have added to the litigation to be disposed of in all 
the circuits; and, from all the information before the Committee 
it is apparent that the six Judicial circuits as provided by the 
Constitution of 1885 are inadequate in number for the transac- 
tion of the business pertaining thereto, and that the creation of 
county courts with jurisdiction as limited by the Constitution will 
not afford the required relief. 



78 Journal of the Convention, 



Third: That in recommending an increase from six to 
eight judicial circuits the committee believe the interests of jus- 
tice and economy will be subserved, and that such is the least 
increase consistent with a proper administration of the law. 

Fourth : That in the re-apportionment made by the com- 
mittee care has been taken that the circuits shall be formed by 
compact territory and bounded by county lines, and that, having 
reference to such compactness and the amount of business to be 
done, your committee believe that the apportionment, as shown 
by the amendment to Section 16 of Article Y, herewith submit- 
ted, is a just and equitable apportionment of the State into judicial 
circuits. That such apportionment amends Section 16 of Article 
Five, so that the same shall read as follows : 

Sec. i 6. Until otherwise ordered by law said circuits shall 
be eight in number and constituted as follows, viz.: 

First Circuit: The counties of Union, Clay, Yankton, 
Turner, Bon Homme, Hutchinson, Charles Mix, Douglas, Todd, 
Gregory, Tripp and Meyer. 

Second Circuit: The counties of Lincoln, Minnehaha, Mc- 
Cook, Moody and Lake. 

Third Circuit: The counties of Brookings, Kingsbury, 
Deuel, Hamlin, Codington, Clark, Grant, Roberts, Day and the 
Wahpeton and Sisseton Reservation, except such portion of said 
reservation as lies in Marshall county. 

Fourth Circuit: The counties of Sanborn, Davison, Aurora, 
Brule, Buffalo, Jerauld, Hanson, Miner, Lyman, Presho and 
Pratt. 

Fifth Circuit: The counties of Beadle, Spink, Brown and 
Marshall. 

Sixth Circuit: The connties of Hand, Hyde, Hughes, 
Stanley, Sully, Potter, Faulk, Edmunds, Walworth, Campbell, 
McPherson and all that portion of said State lying east of the 
Missouri river and not included in any other judicial circuit. 

Seventh Circuit: The counties of Pennington, Custer, Fall 
River, Shannon, Washington, Zeibach, Sterling, NowKn, Jack- 
son, Washabaugh and Lugenbeel. 

Eighth Circuit : The counties of Lawrence, Meade, Scobey, 
Butte, Delano, Pyatt, Dewey, Boreman, Schnasse, Rinehart, 
Martin, Choteau, Ewing, Harding, and all that portion of said 
State west of the Missouri River and north of the Big Cheyenne 
River and the north fork of the Cheyenne River not included in 
any other judicial circuit. 



Tuesday, July 23, 18S9. 79 



Fifth: The committee further report amendments, as fol- 
lows: In the first line of Section 38 of said Article V, 
insert the word "South" before the word "Dakota," and 
in the third line of said Section 38 insert the word " South " 
before the word " Dakota." And we herewith report Article 
V with the changes and amendments aforesaid incorpo- 
rated therein which changes and amendments are necessary to 
comply with the provisions of the Omnibus Enabling Act and 
are authorized by the same, and the committee respectfully re- 
commend the adoption of said Article as amended. 

ARTICLE V. 

JUDICIAL DEPARTMENT. 

Section i. The judicial powers of the State, except as in 
this Constitution otherwise provided, shall be vested in a Su- 
preme Court, circuit courts, county courts, and justices of the 
peace, and such other courts as may be created by law for cities 
and incorporated towns. 

SUPREME COURT. 

Sec. 2. The Supreme Court, except as otherwise provided 
in this Constitution, shall have appellate jurisdiction only, which 
shall be co-extensive with the State, and shall have a general 
superintending control over all inferior courts, under such regu- 
lations and limitations as may be prescribed by law. 

Sec. 3. The Supreme Court and the judges thereof shall 
have power to issue writs of habeas corpus. The Supreme Court 
shall also have power to issue writs of mandamus, quo warranto, 
certiorari, injunction and other original and remedial writs, with 
authority to hear and determine the same in such cases and un- 
der such regulations as may be provided by law, provided, how- 
ever, that no jury trials shall be allowed in said Supreme Court, 
but, in proper cases, questions of fact may be sent by said court 
to a circuit court to a trial before a jury. 

Sec. 4. At least two terms of the Supreme Court shall be 
held each year at the seat of government. 

Sec 5. The Supreme Court shall consist of three judges, 
to be chosen from districts by qualified electors of the State at 
large, as hereinafter provided. 

Sec 6. The number of said judges and districts may, after 
five years from the admission of this State under this Constitu- 
tion, be increased by law to not exceeding five. 

Sec 7. A majority of the judges of the Supreme Court 



80 Journal of the Convention, 

shall be necessary to form a quorum or to pronounce a decision, 
but one or more of said judges may adjourn the court from day 
to day or to a certain day. 

Sec. 8. The term of the judges of the Supreme Court, 
who shall be elected at the first election under this Constitution, 
shall be four years. At all subsequent elections the term of said 
judges shall be six years. 

Sec 9. The judges of the Supreme Court shall by rule 
select from their number a presiding judge, who shall act as such 
for the term prescribed by such rule. 

Sec 10. No person shall be eligible to the office of judge 
of the Supreme Court unless he be learned in the law, be at 
least thirty years of age, a citizen of the United States, nor un- 
less he shall have resided in this State or Territory at least two 
years next preceding his election and at the time of his election 
be a resident of the district from which he is elected, but for the 
purpose of re-election, no such judge shall be deemed to have 
lost his residence in the district by reason of his removal to the 
seat of government in the discharge of his official duties. 

Sec 11. Until otherwise provided by law, the districts 
from which the said judges of the Supreme Court shall be elect- 
ed, shall be constituted as follows: 

First District: All that portion of the State lying west of 
the Missouri river. 

Second District: All that portion of the State lying east of 
the Missouri river and south of the second standard parallel. 

Third District : All that portion of the State lying east of 
the Missouri river and north of the second standard parallel. 

Sec 12. There shall be a clerk and also a reporter of the 
Supreme Court, who shall be appointed by the judges thereof, 
and who shall hold office during the pleasure of said judges, and 
whose duties and emoluments shall be prescribed by law, and by 
the rules of the Supreme Court not inconsistent with law. The 
Legislature shall make a provision for the publication and distri- 
bution of the decisions of the Supreme Court, and for the sale 
of the published volumes thereof. No private person or corpo- 
ration shall be allowed to secure any copyright to such decisions, 
but if any copy rights are secured they shall inure wholly to the 
benefit of the State. 

Sec 13. The Governor shall have authority to require the 
opinions of the judges of the Supreme Court upon important 
questions of law involved in the exercise of his executive powers 
and upon solemn occasions. 



Tuesday, July 23, 1889. 81 



CIRCUIT COURTS. 

Sec. 14. The circuit courts shall have original jurisdiction 
of all actions and causes, both at law and in equity, and such ap- 
pellate jurisdiction as may be conferred by law and consistent 
with this Constitution; such jurisdiction as to value and amount 
and grade of offense, may be limited by law. They and the 
judges thereof shall also have jurisdiction and power to issue writs 
of habeas corpus, mandamus, quo warranto, certiorari, injunction 
and other original and remedial writs, with authority to hear and 
determine the same. 

Sec. 15. The State shall be divided into judicial circuits in 
each of which there shall be elected by the electors thereof one 
judge of the circuit court therein, whose term of office shall be 
four years. 

Sec. 16. Until otherwise ordered by law said circuits shall 
be eight in number and constituted as follows, viz.: 

First Circuit: The counties of Union, Clay, Yankton, 
Turner, Bon Homme, Hutchinson, Charles Mix, Douglas, Todd, 
Gregory, Tripp and Meyer. 

Second Circuit: The counties of Lincoln, Minnehaha, 
McCook, Moody and Lake. 

Third Circuit: The counties of Brookings, Kingsbury, 
Deuel, Hamlin, Codington, Clark, Grant, Roberts, Day and the 
Wahpeton and Sisseton Reservation, except such portion of said 
reservation as lies in Marshall county. 

Fourth Circuit : The counties of Sanborn, Davison, Aurora, 
Brule, Buffalo, Jerauld, Hanson, Miner, Lyman, Presho and 
Pratt. 

Fifth Circuit: The counties of Beadle, Spink, Brown and 
Marshall. 

Sixth Circuit: The counties of Hand, Hyde, Hughes, Sully, 
Stanley, Potter, Faulk, Edmunds, Walworth, Campbell, McPher- 
son and all that portion of said State lying east of the Missouri 
river and not included in any other judicial circuit. 

Seventh Circuit: The counties of Pennington, Custer, Fall 
River, Shannon, Washington, Ziebach, Sterling, Nowlin, Jack- 
son, Washabaugh, Lugenbeei. 

Eighth Circuit. The counties of Lawrence, Meade, Scobey, 
Butte, Delano, Pyatt, Dewey, Boreman, Schnasse, Rinehart, 
Martin, Choteau, Ewing, Harding, and all that portion of said 
State west of the Missouri river and north of the Big Cheyenne 
river and the north fork of the Cheyenne river not included in 
any other judicial circuit: 



82 Journal of the Convention, 

Sec. 17. The Legislature may, whenever two-thirds of the 
members of each house shall concur therein, increase the num- 
ber of judicial circuits and the judges thereof, and divide the 
State into judicial circuits accordingly, taking care that they be 
formed of compact territory aud be bounded by county lines, but 
such increase of number or change in the boundaries of districts 
shall not work the removal of any judge from his office during 
the term for which he shall have been elected or appointed. 

Sec. 18. Writs of error and appeals may be allowed from 
the decisions of the circuit courts to the Supreme Court under 
such regulations as may be prescribed by law. 

COUNTY COURTS. 

Sec. 19. There shall be elected in each organized county 
a county judge who shall be judge of the county court of said 
county, whose term of office shall be two years until otherwise 
provided by law. 

Sec. 20. County courts shall be courts of record and shall 
have original jurisdiction in all matters of probate guardianship 
and settlement of estates of deceased persons and such other civil 
and criminal jurisdiction as may be conferred by law, provided 
that such courts shall not have jurisdiction in any case where the 
debt, damage, claim or value of property involved shall exceed 
one thousand dollars, except in matters of probate guardianship 
and the estates of deceased persons. Writs of error and appeal 
1 may be allowed from county to circuit courts, or to the Supreme 
court in such cases and in such manner as may be prescribed by 
law, provided that no appeal or writ of error shall be allowed to 
the circuit court from any judgment rendered upon an appeal 
from a justice of the peace or police magistrate for cities and 
towns. 

Sec 21. The county court shall not have jurisdiction in 
cases of felony, nor shall criminal cases therein be prosecuted by 
indictment; but they may have such jurisdiction in criminal mat- 
ters not of the grade of felony, as the Legislature may prescribe, 
and the prosecutions therein may be by information or otherwise 
as the Legislature may provide. 

JUSTICE OF THE PEACE. 

Sec 21. Justices of the peace shall have such jurisdiction 
as may be conferred by law, but 'they shall not have jurisdiction 
of any case wherein the value of the property or the amount in 
controversy exceeds the sum of one hundred dollars, or where 
the boundaries or title of real property shall be called in question. 



Tuesday, July 23, 1889. 83 



POLICE MAGISTRATE. 

Sec. 23. The Legislature shall have power to provide for 
creating such police magistrates for cities and towns as may be 
deemed from time to time necessary, who shall have jurisdiction 
of all cases arising under the ordinances of sucli cities and towns 
respectively and such police magistrates may also be constituted 
ex-officio justice of the peace for their respective counties. 

STATE'S ATTORNEY. 

Sec. 24. The Legislature shall have power to provide for 
State's attornevs and to prescribe their duties and fix their com- 
pensation; but no person shall be eligible to the office of attor- 
ney general or State's attorney who shall not at the time of his 
election be at least twenty-five years of age and possess all the 
other qualifications for judges of circuit courts as prescribed in 
this article. 

MISCELLANEOUS. 

Sec. 25. No person shall be eligible to the office of judge 
of the circuit or county courts unless he be learned in the law, be 
at least twenty-five years of age, and a citizen of the United 
States; nor unless he shall have resided in this State or Territory 
at least one year next preceding his election, and at the time of 
his election be a resident of the county or circuit, as the case may 
be, for which he is elected. 

Sec. 26. The judges of the Supreme Court, circuit courts 
and county courts shall be chosen at the first election held under 
the provisions of this Constitution, and thereafter as provided by 
law, and the Legislature may provide for the election of such 
officers on a different day from that on which an election is held 
for any other purpose, and may, for the purpose of making such 
provision, extend or abridge the term of office for any of such 
judges then holding, but not in any case more than six months. 
The term of office of all judges of circuit courts, elected in the 
several judicial circuits throughout the State, shall expire on the 
same day. 

Sec. 27. The time of holding courts within said judicial 
circuits and counties shall be as provided by law; but at least one 
term of the circuit court shall be held annually in each organized 
county, and the Legislature shall make provision for attaching un- 
organized counties or territory to organized counties for judicial 
purposes. 

Sec 28. Special terms of said courts may be held under 
such regulations as may be provided by law. 



84 Journal of the Convention, 

Sec. 29. The judges of the circuit courts may hold courts 
in other circuits than their own, under such regulations as may 
be prescribed by law. 

Sec. 30. The judges of the Supreme Court, circuit court 
and county courts shall each receive such salary as may be pro- 
vided by law, consistent with this Constitution, and no such judge 
shall receive any compensation, perquisite or emoluments for or 
on account of his office in any form whatever, except such sal- 
ary; provided, that county judges may accept and receive such 
fe£s as may be allowed under the land laws of the United States. 

Sec. 31. No judge of the Supreme Court or circuit courts 
shall act as attorney or counselor at law, nor shall any county 
judge act as attorney or counselor at law in any case which is or 
may be brought into his court or which may be appealed there- 
from. 

Sec. 32. There shall be a clerk of the circuit court in each 
organized county, who shall also be clerk of the county court, 
and who shall be elected by the qualified electors of such county. 
The duties and compensation of said clerk shall be as provided 
by law and regulated by the rules of the court consistent with 
the provisions of law. 

Sec. 33. Until the legislature shall provide by law for fix- 
ing the terms of courts, the judges of the Supreme, circuit and 
county courts, respectively, shall fix the terms thereof. 

Sec. 34. All laws relating to courts shall be general and of 
uniform operation throughout the State, and the organization, 
jurisdiction, power, proceedings and practice of all the courts of 
the same class or grade, so far as regulated by law, and the force 
and effect of such of the proceedings, judgments and decrees of 
such courts severally shall be uniform, provided, however, that 
the Legislature may classify the county courts according to the 
population of the respective counties and fix the jurisdiction and 
salary of the judges thereof accordingly. 

Sec. 35. No judge of the Supreme or circuit courts shall 
be elected to any other than a judicial office, or be eligible there- 
to, during the term for which he was elected such judge. All 
votes for either of them during such term for any elective office, 
except that of judge of the Supreme Court, circuit court or 
county court, given by the Legislature or the people, shall be 
void. 

Sec. 36. All judges or other officers of the Supreme, cir- 
cuit or county courts provided for in this article shall hold their 
offices until their successors respectively are elected or appointed 
and qualified. 



Tuesday, July 23, 1889. 85 

Sec. 37. All officers provided for in this article shall re- 
spectively reside in the district, county, precinct, city or town for 
which they may be elected or appointed. Vacancies in the elec- 
tive offices provided for in this article shall be filled by appoint- 
ment until the next general election as follows: All judges of 
the Supreme, circuit and county courts by the Governor. All 
other judicial and other officers by the county board of the county 
where the vacancy occurs; in cases of police magistrates, by the 
municipality. 

Sec. 38. All processes shall run in the name of the " State 
of South Dakota." All prosecutions shall be carried on in the 
name of and by authority of the " State of South Dakota." 

Thos. Sterling, Chairman. 

H. A. Humphrey. 

Chauncey L. Wood, 

Samuel A. Ramsey. 

H. W. Eddy. 

Carl Sherwood. 

S. B. VanBuskirk. 

H. F. Fellows. 

D. Corson. 

Mr. VanBuskirk moved 

That the report be made a special order for Thursday. 

Mr. Cooper moved 

To amend by making report special order for tomorrow. 

Vote being taken upon the longest time first, 
The motion to make the report special order for Thursday 
was lost. 

Ayes, 26; noes, 27. 

The motion to make the report the special order for tomor- 
row was carried. 

Committee on Names, Boundaries and Seat of Government 
submitted a report as follows: 

Sioux Falls, July 23, 1889. 
Mr. President: 

Your Committee on Name, Boundaries and Seat of Govern- 
ment, to whom was referred Article I of the Sioux Falls Consti- 
tution, have considered the same and respectfully recommend 
that Section 1 of said Article I be amended by inserting the word 
" South " before the word Dakota. 

That Section 2 of said Article I be amended by inserting the 
word " South " before the word Dakota, and by striking out the 



86 Journal oe the Convention, 

words "forty-sixth parallel of north latitude; thence west along 
the forty-sixth parallel of north latitude," and in lieu thereof in- 
sert the words, "seventh standard parallel; thence west on the 
line of the seventh standard parallel produced due west;" and 
therefore respectfully recommend the following as Article 1 of 
the Constitution, the same being in accordance with the " Omni- 
bus Bill." 

ARTICLE I. 

NAME AND BOUNDARY. 

Section i. The name of the State shall be South Dakota. 
Sec. 2. The boundaries of the State of South Dakota shall 
be as follows : Beginning at the point of intersection of the west- 
ern boundary line of the State of Minnesota with the northern 
boundary line of the State of Iowa, and running thence northerly 
along the western boundary line of the State of Minnesota, to. its 
intersection with the seventh standard parallel; thence west on 
the line of the seventh standard parallel produced due west to its 
intersection with the twenty-seventh meridian of longitude west 
from Washington; thence south on the twenty-seventh meridian 
of longitude west from Washington, to its intersection with the 
northern boundary line of the State of Nebraska ; thence east- 
erly along the northern boundary line of the State of Nebraska 
to its intersection with the western boundary line of the State of 
Iowa ; thence northerly along the western boundary line of the 
State of Iowa to its intersection with the northern boundary line 
of the State of Iowa; thence east along the northern boundary 
line of the State of Iowa to the place of beginning . 
Respectfully submitted, 

M. P. Stroupe, Chairman. 
S. A. Wheeler, 
W. T. Williams, 
E. G. Edgerton, 
Wm. VanEps. 

On motion of Mr. Davies 

This report was made a special order for tomorrow. 

Committee on Name, Boundaries and Seat of Government 
submitted the following report: 

Sioux Falls, July 23, 1889. 
Mr. President: 

Your Committee on Name, Boundaries and Seat of Govern- 
ment, to whom was referred Article XX of the Sioux Falls Con- 



Tuesday, July 23, 1889. 87 



stitution, have considered the same and beg leave to report the 
following as Article XX of the Constitution, and that the same 
is in accordance with the Sioux Falls Constitution, and the 
changes thereto authorized by the " Omnibus Bill," said Article 
XX being changed by substituting the words " South Dakota " 
in place of Dakota only. 

ARTICLE XX. 

SEAT OF GOVERNMENT. 

Section i. The question of the location of the temporary 
seat of government shall be submitted to a vote of the electors 
of the proposed State of South Dakota, in the same manner, 
and at the same election at which this Constitution shall be re- 
submitted, and the place receiving the highest number of votes 
shall be the temporary seat of government until a permanent 
seat of government shall be established as herein provided. 

Sec. 2. The Legislature at its first session after the admis- 
sion of this State, shall provide for the submission of the ques- 
tion of a place for a permanent seat of government to the 
qualified voters of the State at the next general election there- 
after, and that place which receives a majority of all the votes 
cast upon that question shall be the permanent seat of govern- 
ment. 

Sec. 3. Should no place voted for at said election have 
a majority of all votes cast upon this question, the Governor 
shall issue his proclamation for an election to be held in the 
same manner at the next general election to choose between the 
two places having received the highest number of votes cast at 
the first election on this question. This election shall be con- 
ducted in the same manner as the first election for the permanent 
seat of government, and the place receiving the majority of all 
votes cast upon this question shall be the permanent seat of gov- 
ernment. 

M. P. Stroupe, Chairman, 
S. A. Wheeler, 
E. G. Edgerton, 
W. T. Williams, 
Wm. VanEps. 

On motion of Mr. Stroupe. 

The above report was made a special order for tomorrow. 

The Legislative Committee report, not being in form, was 
referred back for amendment. 






88 Journal of the Convention, 



special order. 

Report of Committee on Impeachment and Removal from 
Office read, 

And on motion of Mr. Davies was adopted. 

Report of Committee on Election and Right of Suffrage 
read. , 

Mr. Fellows moved 

To amend the report by inserting the word "school" after 
the word "for" and before the word "purposes" in Section 9. 

The report, as amended, was adopted. 

Report of the Committee on Federal Relations, present- 
ing an " Ordinance," was read and on motion of Mr. Dickinson, 
referred to the Committee on Schedule and Ordinance. 

The report of the Committee on Federal Relations present- 
ing A Memorial to the Congress of the United States in regard 
to a Geological and Hydrographic Survey, was read and on mo- 
tion of Mr. Davies, adopted. 

Consideration of the report of Committee on Education 
and School Lands, was deferred and the report was made the 
Special Order for tomorrow. 

Report of the Committee on State Institutions and Public 
Buildings was read and on motion of Mr. Westcott, adopted. 

Report of the Committee on Exemptions was read and on 
motion of Mr. Sterling, adopted. 

Report of the Committee on Banking and Currency read 
and on motion of Mr. Young, adopted. 

Report of the Committee on Seal and Coat-of-Arms read 
and on motion of Mr. Clough, adopted. 

Report of the Committee on Agriculture and Manufactures 
read and on motion of Mr. Young, adopted. 

Report of Committee on Military Affairs read and on mo- 
tion of Mr. Young, adopted. 

Report of the Committee on County and Township Organi- 
zation read. 

Mr. Dickinson moved to amend by inserting the word 
"other" after the word "such" and before the word "county" 
in the second line of Section (6). Motion carried. 

Mr. Willis moved to amend by striking out the words " pre- 
fixing the word 'South to'" and in lieu thereof to place the 
words "inserting the word South before" in the last line of the 
introduction of the report. On motion of Mr. Ramsey the re- 
port as amended was adopted. 



Tuesday, July 23, 1889. 89 

On motion of Mr. Fellows the Journal of the sixteenth day- 
was approved. 

Communication from the Prison Reform Society read. 
On motion of Mr. Hall 
The Convention adjourned. 



TWENTY-FIRST DAY. 

Sioux Falls, Dakota, July 24, 1889. 
2 o'clock P. M. 

Convention called to order by the President. 
Prayer was offered by Rev. Willis. 
Journal read and approved. 

PETITIONS AND COMMUNICATIONS. 

A petition was received from a mass meeting held in Huron 
asking the adoption of the Australian system of voting. 
Referred to the Committee on Schedule. 

REPORTS OF STANDING COMMITTEES. 

The committee on Congressional and Legislative apportion- 
ment submitted the following report. 

Sioux Falls, July 24, 1889. 
Mr. President: 

Your Committee on Congressional and Legislative Appor- 
tionment, to whom was referred Article XIX of the Constitution 
having had the same under careful consideration, beg leave to 
submit the following report relative thereto, and in which report 
there are no changes of the Constitution, except as relates to the 
reapportionment of districts as provided for in the Omnibus En- 
abling Act, and adding thereto a provision that the State shall 
constitute one congressional district, from which two (2) con- 
gressmen shall be elected at large. All of which changes are 
within the provisions of the Enabling Act, and herewith report 
Article XIX with said changes incorporated therein and respect- 
fully recommend the adoption of the changes and the resubmis- 
sion of the article as amended. 

ARTICLE XIX. 

CONGRESSIONAL AND LEGISLATIVE APPORTIONMENT. 

Section i. Until otherwise provided by law, the members 
of the House of Representatives of the United States, apportioned 
to this State, shall be elected by the State at large. 



90 Journal of the Convention, 



Sec. 2. Until otherwise provided by law, the Senatorial 

and Representative Districts shall be formed, and the Senators 

and Representatives shall be apportioned as follows: 

SENATORIAL DISTRICTS AND MEMBERS. 

Dist. Counties Senators, 

i Union i 

2 Clay i 

3 Yankton i 

4 Bon Homme i 

5 Lincoln i 

6 Turner i 

7 Hutchinson i 

8 Charles Mix and Douglas I 

9 Minnehaha 2 

io McCook i 

1 1 Hanson I 

12 Davison i 

13 Aurora 1 

14 Brule 1 

i5 Moody 1 

16 Lake 1 

17 Miner 1 

18 Sanborn 1 

19 Jerauld and Buffalo 1 

20 Brookings . 1 

2 1 Kingsbury 1 

22 Beadle 1 

23 Hand 1 

24 Hyde and Hughes 1 

25 Sully and Potter 1 

26 Deuel 1 

27 Hamlin 1 

28 Codington 1 

29 Clark. 1 

30 Spink 2 

31 Grant and Roberts 1 

32 Day 1 

33 Brown 2 

34 Marshall 1 

35 Faulk . 1 

36 Edmunds and McPherson 1 

37 Walworth and Campbell 1 

38 Lawrence 2 



Wednesday, July 24, 1889. 91 

39 * Pennington 1 

40 Meade and Butte 1 

41 Custer and Fall River, 1 

Representative Districts with number of Representatives to 
each district — 
Dist. Counties. No. Representatives. 

1 Union 3 

2 Clay 2 

3 Yankton 4 

4 Bon Homme 3 

5 Lincoln 3 

6 Turner 3 

7 Hutchinson 2 

' 8 Douglass 2 

9 Charles Mix 2 

10 Minnehaha 7 

11 McCook 2 

1 2 Hanson 2 

13 Davison 2 

14 Aurora 2 

15 Brule 3 

16 Moody 2 

1 7 Lake 3 

18 Miner 2 

19 Sanborn 2 

20 Jerauld 1 

21 Buffalo 1 

22 Brookings 3 

23 Kingsbury 3 

24 Beadle 5 

25 Hand 3 

26 Hyde 1 

27 Hughes 1 

28 Sully 1 

29 Deuel 2 

30 Hamlin 2 

3 1 Codington 3 

32 Clark 3 

33 Spink ♦ / 5 

34 Faulk 2 

35 Potter 1 

36 Grant 2 

37 Roberts 1 

38 Day 3 



92 Journal of the Convention, 



39 Marshall .- . 2 

40 Brown .... 8 

41 Edmunds 2 

42 Walworth 1 

43 McPherson 2 

44 Campbell 1 

45 Fall River 1 

46 Custer 2 

47 Pennington 2 

48 Meade 2 

49 Lawrence 6 

50 Butte 1 

Total 124. 

All of which is respectfully submitted, 

C. H. VanTassel, Chairman. 

W. H. Matson, 

J. V. Willis, 

R. F. Lyons, 

A. O. Ringsrud, 

Joseph Zitka, 

M. P. Stroupe, 

Wm. S. O'Brien, 

Sanford Parker, 

E. E. Clough. 

M. R. Heninger, 

I. Atkinson, 

C. R. Westcott, 

T. W. P. Lee, 

E. G. Edgerton, 

C. A. Houlton, 

J. G. Davies, 

H. M. Williamson, 

S. F. Huntley, 

J. A. Fowles, 

Geo. H. Culver, 

T. F. DlEFENDORF, 

C. G. Coats, 

T. W. Thompson. 



The Committee on Schedule and Ordinance submitted the 
following report: 

Sioux Falls, S. D., July 24, 1889. 
Mr. President: 

Your Committee on Schedule and Ordinance, to whom was 
referred Article XXV of the Constitution, entitled, " Minority 



Wednesday, July 24, 1889. 93 

Representation," having had the same under consideration, beg 
leave to report, that no changes or amendments are necessary to 
comply with the provisions of the " Omnibus " Enabling act. 

And we herewith report Article XXV as found in the Con- 
stitution, and respectfully recommend the re-submission of the 
same. 

ARTICLE XXV. 

MINORITY REPRESENTATION. 

[To be submitted to a separate vote as provided by the Sched- 
ule and Ordinance.] 

Section i. The House of Representatives shall consist of 
three times the number of the members of the Senate and the 
term of office shall be two years. Three Representatives shall 
be elected in each senatorial district at the first general election 
held after this Constitution takes effect, and every two years 
thereafter. 

Section 2. In all elections of Representatives aforesaid, each 
qualified voter may cast as many votes for one candidate as there 
are representatives to be elected, or may distribute the same, or 
equal parts thereof, among the candidates as he shall see fit; and 
the candidates highest in votes shall be declared elected. 
Schedule and Ordinance Committee, 

By L. H. Hole, Chairman. 

The same committee also submitted the following report: 

Sioux Falls, July 24, 1889. 
Mr. President: . 

Your Committee on Schedule and Ordinance, to whom was 
referred Article XXIV of the Constitution, entitled, " Prohibi- 
tion," having had the same under consideration, beg leave to re- 
port, that no changes or amendments are necessary to comply 
with the provisions of the a Omnibus " Enabling Act. 

And we herewith report Article XXIV as found in the 
Constitution and respectfully recommend the re-submission of 
the same. 

ARTICLE XXIV. 

PROHIBITION 

[To be submitted to a separate vote as provided by Schedule 
and Ordinance.] 

No person or corporation shall manufacture, or aid in the 
manufacture for sale, any intoxicating liquor; no person shall 
sell or keep for sale, as a beverage, any intoxicating liquor. The 



94 Journal of the Convention, 



Legislature shall by law prescribe regulations for the enforce- 
ment of the provisions of this section and provide suitable and 
adequate penalties for the violation thereof. 
Schedule and Ordinance Committe, by 

L. H. Hole, Chairman. 

The Committee on Revenue and Finance submitted the fol- 
lowing report: 

Sioux Falls, South Dakota, July 24, 1889. 
Mr. President: 

Your Committee on " Revenue and Finance," to whom was 
referred Article XI entitled " Revenue and Finance " have con- 
sidered the same and have compared said Article XI with the 
Sioux Falls Constitution and the Act of Congress known as the 
" Omnibus Bill," and have instructed me to report the following 
as Article XI of the Constitution and that the same is in accord- 
ance with the Sioux Falls Constitution and the changes thereto 
authorized by the " Omnibus Bill." 

ARTICLE XL 

REVENUE AND FINANCE. 

Section i. The Legislature shall provide for an annual 
tax, sufficient to defray the estimated ordinary expenses of the 
State for each year, not to exceed in any one year two mills on 
each dollar of the assessed valuation of all taxable property in the 
State, to be ascertained by the last assessment made for State 
and county purposes. And whenever it shall appear that such 
ordinary expenses shall exceed the income of the State for such 
year, the Legislature shall provide for levying a tax for the en- 
suing year, sufficient with other resources of income to pay the 
deficiency of the preceding year together with the estimated ex- 
penses of such ensuing year. And for the purpose of paying the 
public debt, the Legislature shall provide for levying a tax an- 
nually, sufficient to pay the annual interest and the principal of 
such debt within ten years from the final passage of the law cre- 
ating the debt, provided that the annual tax for the payment of 
the interest and principal of the public debt shall not exceed in 
any one year two mills on each dollar of the assessed valuation 
of all taxable property in the State as ascertained by the last as- 
sessment made for State and county purposes. 

Sec. 2. All taxes to be raised in this State shall be uniform 
on all real and personal property, according to its value in money 
to be ascertained by such rules -of appraisement and assessment 
as may be prescribed by the Legislature by general law, so that 



Wednesday, July 24, 1889. 95 



every person and corporation shall pay a tax in proportion to the 
value of his, her or its property. And the Legislature shall pro- 
vide by general law for the assessing and levying of taxes on all 
corporation property, as near as may be by the same methods as 
are provided for the assessing and levying of taxes on individual 
property. 

Sec. 3. The power to tax corporations and corporate 
property shall not be surrendered or suspended by any contract 
or grant to which the State shall be a party. 

Sec 4. The Legislature shall provide for taxing all 
moneys, credits, investments in bonds, stocks, joint stock com- 
panies, or otherwise; and also for taxing the notes and bills dis- 
counted or purchased, moneys loaned and all other property, ef- 
fects or dues of every description, of all banks and of all bankers, 
so that all property employed in banking shall always be subject 
to a taxation equal to that imposed on the property of individuals. 

Sec. 5. The property of the United States and of the State, 
county and municipal corporations, both real and personal shall 
be exempt from taxation. 

Sec 6. The Legislature shall, by general law, exempt 
from taxation property used exclusively for agricultural and hor- 
ticultural societies, for schools, religious, cemetery and charitable 
purposes, and personal property to any amount not exceeding in 
value two hundred dollars for each individual liable to taxation. 

Sec 7. All laws exempting property from taxation, other 
than that enumerated in Sections 5 and 6 of this Article shall be 
void. 

Sec 8. No tax shall be levied except in pursuance of a law 
which shall distinctly state the object of the same, to which the 
tax only shall be applied. 

Sec 9. All taxes levied and collected for State purposes, 
shall be paid into the State Treasury. No indebtedness shall be 
incurred or money expended by the State, and no warrants shall 
be drawn upon the State Treasury except in pursuance of an ap- 
propriation for the specific purpose first made. The Legislature 
shall provide by suitable enactment for carrying this section into 
effect. 

Sec 10. The Legislature may vest the corporate author- 
ity of cities, towns and villages, with power to make local im- 
provements by special taxation of contiguous property or other- 
wise. For all corporate purposes, all municipal corporations may 
be vested with authority to assess and collect taxes; but such 
tax shall be uniform in respect to persons and property within 
the jurisdiction of the body levying the same. 



g6 Journal of the Convention, 

Sec. ii. The making of profit, directly or indirectly, out 
of State, county, city, town or school district money, or using the 
same for any purpose not authorized by law, shall be deemed a 
felony and shall be punished as provided by law. 

Sec. 12. An accurate statement of the receipts and ex- 
penditures of the public moneys shall be published annually, in 
such manner as the Legislature may provide. 

W. H. Goddard, Chairman. 
C. A. Houlton, 
Joseph Zitka, 
C. J. B. Harris, 

A. O. RlNGSRUD, 

L. T. Boucher, 
Wm. VanEps. 

Committee. 

REPORT OF SELECT COMMITTEES. 

Mr. Jolley, from the Committee on Rules, submitted the 
following: 

Sioux Falls, Dakota, July 24, 1889. 

Mr. President: 

Your Committee on Rules have instructed me to report 
that they recommend the two following additional rules for the 
government of this Convention, to wit: 

Rule 46. 

That all claims and accpunts against this Convention, not 
paid by the United States, shall at once be presented to the 
Committee on Expenses of the Convention, and shall be consid- 
ered by that committee and reported to this convention; and 
after any claim is allowed by this convention, a certificate of in- 
debtedness shall be issued and signed by the President and Chief 
Clerk of this Convention to the person to whom said claim is 
allowed, in substantially the following form : 

Sioux Falls, Dakota, 1889. 

That A. B. has acted as 

of the Constitutional Convention held at Sioux Falls, Dakota, in 
the year 1889, for days, at $ per day, and 

is entitled to the sum of as allowed by 

said Constitutional Convention. 

President. 
Chief Clerk. 



Wednesday, July 24, 1889. 97 

Rule 47, 

That each member and officer of this Convention shall have 
a certificate of indebtedness issued to him, as provided by Rule 
46, at the same per diem as is allowed by the United States in 
the Omnibus Bill, for each and every day he attends this Con- 
vention, after the appropriation of $20,000, made by the United 
States, is expended. 

John L. Jolley, 

Chairman. 

On motion of Mr. Jolley the report was adopted. 

SPECIAL ORDER. 

The report of the Committee on Education and School 
Lands was called, and upon motion of Mr. Corson, action was 
postponed, making the report the Special Order for tomorrow. 

The report of the Judiciaiy Committee was read. 

Mr. Sterling moved to adopt. 

Mr. Spooner moved the following amendment: 

I move as an amendment that the report of the Judiciary 
Committee be adopted with the exception of the proposed divi- 
sion of the Territory included in the proposed Third, Fifth and 
Sixth Judicial Circuits and that the territory included in said pro- 
posed circuits be divided into circuits containing the following 
counties, viz. : 

Third Circuit: The counties of Brookings, Deuel, Hamlin, 
Codington, Clark, Spink, Grant, Roberts, and all that part of the 
Wahpeton and Sisseton Indian Reservation in this State except 
that portion lying in Marshall county. 

Fifth Circuit: The counties of Kingsbury, Beadle, Hand, 
Hyde, Hughes, Sully, Potter, Faulk and Stanley. 

Sixth Circuit: The counties of Day, Marshall, Brown, 
McPherson, Edmunds, Walworth, Campbell, and all the terri- 
tory within said State not included in an} 7 other judicial circuit. 

Mr. Wood of Pennington moved to recommit the whole 
subject to the committee with the instruction to report nine (9) 
judicial circuits instead of eight (8) and to report tomorrow. 

On motion of Mr. Humphrey the motion to recommit was 
laid upon the table. 

On motion of Mr. Clough the previous question was 
ordered. 

The vote being taken upon the amendment. 

The result was, 



98 Journal of the Convention, 



Ayes — Messrs. Cook, Cooper, Corson, Couchman, Craig, 
Culver, Dickinson, Diefendorf, Fellows, Goddard, Harris, Hen- 
inger, Hole, Jolley, Lyons, Matson, Ringsrud, Spooner, Stod- 
dard, Stroupe, VanTassel, Wood of Pennington — (22). 

Noes — Messrs. Anderson, Atkinson, Berdahl, Buechler, 
Clough, Coats, Davies, Downing, Eddy, Edgerton of Yankton, 
Fowles, Gifford, Hall, Hartley, Houlton, Huntley, Humphrey, 
Jeffries, Kimball, Lee, McFarland, O'Brien, Peck, Ramsey, 
Scollard, Sherwood, Smith, VanBuskirk, VanEps, Westcott, 
Wheeler, Whitlock, Willis, Williams, Williamson, Young, Zitka, 
Sterling and Mr. President — (39). 

So the amendment was lost. . 

The vote being taken upon the adoption of the report ot the 
Judiciary Committee the result was as follows: 

Ayes — Messrs. Anderson, Berdahl, Buechler, Clough, Coats, 
Cooper, Corson, Davies, Downing, Eddy, Edgerton of Yankton, 
Fellows, Fowles, Gifford, Hall, HaVtley, Houlton, Huntley, 
Humphrey, Jeffries, Jolle}^, Kimball, Lee, McFarland, O'Brien, 
Peck, Ramsey, Ringsrud, Scollard, Sherwood, Smith, Sterling, 
VanBuskirk, VanEps, Wheeler, Whitlock, Willis, Williams, 
Williamson, Wood of Pennington, Young, Zitka — (42). 

Noes — Messrs. Atkinson, Cook, Couchman, Craig, Culver, 
Dickinson, Diefendorf, Goddard, Harris, Heninger, Hole, Lyons, 
Matson, Spooner, Stoddard, Stroupe, VanTessel, Westcott and 
Mr. President — (19)- 

So the report was adopted. 

Mr. Hall moved to reconsider the vote by which the report 
was adopted. 

On motion of Mr. Humphrey the motion to reconsider was 
laid upon the table. 

On motion of Mr. Willis the Convention adjourned. 



Thursday, July 25, 1889. 99 



TWENTY-SECOND DAY. 

Sioux Falls, Dakota, July 25, 1889. 
2 o'clock p. m. 

Convention called to order by the president. 
Prayer by the Rev. Clough. 
The Journal read and approved. 

REPORT OF STANDING COMMITTEES. 

The Committee on Printing made the following report: 

July 25, 1889. 
Mr. President — 

Your Committee on printing having had the desirability of 
putting into the hands of the people, the Constitution, submitted 
to them by this Convention, under careful consideration, have 
instructed me to report that they recommend that this convention 
do provide for the publication and distribution of 200,000 news- 
paper supplements containing the Constitution and Schedule, 
10,000 of which shall be printed in the German and 10,000 in 
the Scandinavian language. 

All of which is respectfully submitted. 

H. A. Humphrey, 

Chairman Committee. 

The following report of the Judiciary Committee was pre- 
sented: 
Mr. President: 

Your Committee on Judiciary, to whom was referred the 
question as to whether this Convention has the legal power to pro- 
vide for the election of a circuit clerk at the October election, 
direct me to report that the committee, having had said question 
under consideration, are of the opinion that the Convention has 
the legal power to provide for such election, and recommend 
that provision for the election of such officer be made in the 
schedule and ordinance 

Thos. Sterling, 

Chairman Judiciary Committee. 



ioo Journal of the Convention, 



The following report of the Legislative Committee was 
submitted: 

Sioux Falls, July 25. 
Mr. President: 

Your Committee on Legislative, to whom was referred 
Article III, entitled "Legislative Department," have considered 
the same and have compared said Article III with the Sioux 
Falls Constitution and the Act of Congress known as the "Omni- 
bus Bill," and have instructed me to report the following as 
Article III of the Constitution, and that the same is in accordance 
with the Sioux Falls Constitution and the " Omnibus Bill." 

No amendments made. 

ARTICLE III. 

LEGISLATIVE DEPARTMENT. 

Section i. The legislative power shall be vested in a Leg- 
islature, which shall consist of a Senate and House of Repre- 
sentatives. 

Sec. 2. The number of members of the House of Repre- 
sentatives shall not be less than seventy-five nor more than one 
hundred and thirty-five. The number of members of the Senate 
shall not be less than twenty-five nor more than forty-five. 

The sessions of the Legislature shall be biennial except as 
otherwise provided in this Constitution. 

Sec. 3. No person shall be eligible to the office of Senator 
who is not a qualified elector in the district from which he may 
be chosen, and a citizen of the United States, and who shall not 
have attained the age of twenty-five years, and who shall not 
have been a resident of the State or Territory for two years next 
preceding his election. 

No person shall be eligible to the office of Representative 
who is not a qualified elector in the district from wnich he may 
be chosen, and a citizen of the United States, and who shall not 
have been a resident of the State or Territory for two years 
next preceding his election, and who shall not have attained the 
age of twenty-five years. 

No judge or clerk of any court, secretary of State, attorney 
general, States' attorney, recorder, sheriff or collector of public 
mone3*s, member of either house of Congress, or person holding 
any lucrative office under the United States, or this State, or any 
foreign government, shall be a member of the Legislature; pro- 
vided, that appointments in the militia, the offices of notary pub- 
lic and justice of the peace shall not be considered lucrative, nor 



Thursday, July 25, 1889. 101 

shall any person holding any office of honor or profit under any 
foreign government or under the government of the United 
States, except postmasters whose annual compensation does not 
exceed the sum of three hundred dollars, hold any office in 
either branch of the Legislature or become a member thereof. 

Sec. 4. No person who has been, or hereafter shall be, 
convicted of bribery, perjury, or other infamous crime, nor any 
person who has been, or may be collector or holder of public 
moneys, who shall not have accounted for and paid over, ac- 
cording to law, all such moneys due from him, shall be eligible 
to the Legislature or to any office in either branch thereof. 

Sec. 5. The Legislature shall provide by law for the 
enumeration of the inhabitants of the State in the year one thou- 
sand eight hundred and ninety-five and every ten years there- 
after, and at its first regular session, after each enumeration 
made by authority of the United States, but at no other time; 
the Legislature shall apportion the senators and representatives 
according to the number of inhabitants, excluding Indians not 
taxed and soldiers and officers of the United States army and 
navy; provided, that the Legislature may make apportionment 
at its first session after the admission of South Dakota as a State. 

Sec. 6. The terms of the office of the members of the 
Legislature shall be two years; they shall receive for their ser- 
vices the sum of five dollars for each- day's attendance during 
the session of the Legislature, and ten cents for every mile of 
necessary travel in going to and returning from the place of 
meeting' of the Legislature on the most usual route. 

Each regular session of the Legislature shall not exceed 
sixty days, except in cases of impeachment, and members of the 
Legislature shall receive no other pay or perquisites except per 
diem and mileage. 

Sec 7- The Legislature shall meet at the seat of govern- 
ment on the first Tuesday after the first Monday of January, at 
12 o'clock m., in the year next ensuing the election of members 
thereof, and at no other time except as provided by this Consti- 
tution. 

Sec. 8. Members of the Legislature and officers thereof 
before they enter upon their official duties, shall take and sub- 
scribe the following oath or affirmation: I do solemnly swear 
(or affirm) that I will support the Constitution of the United 
States and the Constitution of the State of South Dakota, and 
will faithfully discharge the duties of (senator, representa- 
tive or officer) according to the best of my abilities, and that I 



io2 Journal of the Convention, 



have not knowingly or intentionally paid or contributed any- 
thing, or made any promise in the nature of a bribe, to directly 
or indirectly influence an}' vote at the election at which I was 
chosen to fill said office, and have not accepted, nor will I accept 
or receive, directly or indirectly, any money, pass, or any other 
valuable thing, from any corporation, company or person, for any 
vote or influence I may give, or withhold on any bill or resolu- 
tion, or appropriation, or for any other official act. 

This oath shall be administered by a Judge of the Supreme 
or circuit court, or the presiding officer of either House, in the 
hall of the House to which the member or officer is elected, and 
the Secretary of State shall record and file the oath subscribed 
by each member and officer. 

Any member or officer who shall refuse to take the oath 
herein prescribed shall forfeit his office. 

Any member or officer of the Legislature who shall be con- 
victed of having sworn falsely to or violated his said oath, shall 
forfeit his office and be disqualified thereafter from holding his 
office of Senator or member of the House of Representatives or 
any office within the gift of the Legislature. 

Sec. 9. Each house shall be the judge of the election re- 
turns and qualifications of its own members. 

A majority of the members of each House shall constitute a 
quorum, but a smaller number may adjourn from day to day, and 
may compel the attendance of absent members in such a manner 
and under such a penalty as each House may provide. 

Each House shall determine the rules of its proceedings, 
shall choose its own officers and employes, and fix the pay there- 
of, except as otherwise provided in this Constitution. 

Sec. 10. The Governor shall issue writs of election to fill 
such vacancies as may occur in either House of the Legislature. 

Sec. 11. Senators and Representatives shall, in all cases 
except treason, felony or breach of the peace, be privileged from 
arrest during the session of the Legislature, and in going to and 
returning from the same; and for words used in any speech or de- 
bate in either House, they shall not be questioned in any other 
place. 

Sec 12. No member of the Legislature shall, during the 
term for which he was elected, be appointed or elected to any 
civil office in the State which shall have been created, or the em- 
oluments of which shall have been increased during the term for 
which he was elected, nor shall any member receive any civil ap- 
pointment from the Governor, the Governor and Senate, or from 



Thursday, July 25, 1889. 103 



the Legislature during the term for which he shall have been 
elected, and all such appointments and votes given for any such 
members for any such office or appointment shall be void; nor 
shall any member of the Legislature during the term for which he 
shall have been elected, or within one year thereafter be inter- 
ested, directly or indirectly, in any contract with the State or 
any county thereof, authorized by an}r law passed during the 
term for which he shall have been elected. 

Sec. 13. Each house shall keep a Journal of its proceedings 
and publish the same from time to time, except such parts as 
require secrecy, and of the yeas and nays of members on any 
question shall be taken at the desire of one-sixth of those 
present and entered upon the Journal. 

Sec. 14. In all elections to be made by the Legislature the 
members thereof shall vote viva voce and their votes shall be 
entered in the Journal. 

Sec. 15. The sessions of each house and of the committee of 
the whole shall be open, unless when the business is such as 
ought to be kept secret. 

Sec. 16. Neither house shall, without the consent of the 
other, adjourn for more than three days, nor to any other place 
than that in which the two houses shall be sitting. 

Sec 17. Every bill shall be read three several times, but 
the first and second reading may be on the same day, and 
the second reading may be by title of the bill, unless the read- 
ing at length be demanded. The first and third readings shall 
be at length. 

Sec 18. The enacting clause of a law shall be : "Be it en- 
acted by the Legislature of the State of South Dakota," and no 
law shall be passed unless by assent of a majority of all the 
members elected to each house of the Legislature. And the 
question upon the final passage shall be taken upon its last read- 
ing and the yeas and nays shall be entered upon the Journal. 

Sec 19. The presiding officer of each house shall, in the 
presence of the house over which he shall preside, sign all bills 
and joint resolutions passed by the Legislature, after their titles 
have been publicly read immediately before signing, and the 
fact of signing, shall be entered upon the Journal. 

Sec 20. Any bill may originate in either house of the Legis- 
lature, and a bill passed by one house may be amended in the 
other. 

Sec 21. No law shall embrace more than one subject, 
which shall be expressed in its title. 



104 Journal of the Convention, 

Sec. 22. No act shall take effect until ninety days after the 
adjournment of the session at which it passed, unless in case of 
emergency (to be expressed in the preamble or body of the act) 
the Legislature shall by a vote of two-thirds of all the members 
of each house, otherwise direct. 

Sec. 23. The Legislature is prohibited from enacting any 
private or special laws in the following cases: 

1. Granting divorces. 

2. Changing the names of persons or places, or constitut- 
ing one person the heir-at-law of another. 

3. Locating or changing county-seats. 

4. Regulating county and township affairs. 

5. Incorporating cities, towns and villages or changing or 
amending the charter of any town, city or village, or laying out, 
opening, vacating or altering town plats, streets, wards, alleys 
and public ground. 

6. Providing for sale or mortgage of real estate belonging 
to minors or others under disability. 

7. Authorizing persons to keep ferries across streams 
wholly within the State. 

8. Remitting fines, penalties and forfeitures. 

9. Granting to an individual, association or corporation any 
special or exclusive privilege, immunity or franchise whatever. 

10. Providing for the management of common schools. 

11. Creating, increasing or decreasing fees, percentages or 
allowances of public officers during the term for which said offi- 
cers are elected or appointed. 

But the Legislature may repeal any existing special law re- 
lating to the foregoing subdivisions. 

In all other cases where a general law can be applicable, no 
special law shall be enacted. 

Sec 24. The Legislature shall have no power to release 
or extinguish, in whole or in part, the indebtedness, liability or 
obligation of any corporation or individual to this State or to any 
municipal corporation therein. 

Sec 25. The Legislature shall not authorize any game of 
chance, lottery or gift enterprise, under any pretense, or for any 
purpose whatever. 

Sec 26. The Legislature shall not delegate to any special 
commission, private corporation or association any power to make, 
supervise or interfere with any municipal improvement, money, 
property, effects, whether held in trust or otherwise, or levy taxes 
or to select a capital site or to perform any municipal functions 
whatever. 



Thursday, July 25, 1889. io 5 



Sec. 27. The Legislature shall direct by law in what man- 
ner and in what courts suits may be brought against the State. 

Sec. 28. Any person who shall give, demand, directly or 
indirectly, any money, testimonial, privilege or personal advan- 
tage, anything of any value to any executive or judicial officer 
or member of the Legislature, to influence him in the perform- 
ance of any of his official or public duties, shall be guilty of 
bribery and shall be punished in such manner as shall be pro- 
vided by law. 

The offense of corrupt solicitation of members of the Legis- 
lature, or of public officers of the State, or any municipal divis- 
ion thereof, and any effort towards solicitation of said members 
of the Legislature or officers to influence their official action, 
shall be defined by law and shall be punishable by fine and im- 
prisonment. 

Any person may be compelled to testify in investigation or 
judicial proceedings against any person charged with having 
committed any offense or bribery or corrupt solicitation, and 
shall not be permitted to withhold his testimony upon the 
ground that it may criminate himself, but said testimony shall 
not afterwards be used against him in any judicial proceeding 
except for bribery in giving such testimony, and any person 
convicted of either of the offenses aforesaid, shall be disqualified 
from holding any office or position or office of trust or profit in 
this State. 

A. B. McFarland, Chairman. 
Samuel A. Ramsey, 
R. F. Lyons, 
Joseph Zitka. 

The Schedule Committee presented the following report: 

Sioux Falls, D. T., July 25, 1889. 
Mr. President: 

Your Committee on Schedule and Submission, to whom 
was referred, "An ordinance irrevocable without the consent of 
" the United States and the people of this State, relating to re- 
" ligious toleration, public lands, taxation of lands, debts of Ter- 
" ritory of Dakota and public schools," have had the same under 
consideration and have instructed me to report as follows: 

That the following be a substitute for the above described 
ordinance, and that the following be substituted as Article XXII 
of the Sioux Falls Constitution, as being directed by the Act of 
Congress, known as the "Omnibus Bill," and your committee 
recommend that the following be adopted as Article XXII, 



106 Journal of the Convention, 

"Compact with the United States," and that the same he adopt- 
ed by this Convention. 

ARTICLE XXII. 

COMPACT with the united suates. 

The following article shall be irrevocable without the con- 
sent of the United States and the people of the State of South 
Dakota, expressed by their Legislative Assembly. 

First: That perfect toleration of religious sentiment shall 
be secured, and that no inhabitant of this State shall ever be mo- 
lested in person or property on account of his or her mode of 
religious worship. 

Second: That we, the people inhabiting the State of 
South Dakota, do agree and declare, that we forever disclaim 
all right and title to the unappropriated public lands lying within 
the boundaries of South Dakota; and to all lands lying within 
said limits owned or held by any Indian or Indian tribes, and 
that until the title thereto shall have been extinguished by the 
United States the same shall be and remain subject to the dispo- 
sition of the United States, and said Indian lands shall remain 
under the absolute jurisdiction and control of the Congress of 
the United States; 

That the lands belonging to citizens of the United States 
residing without the said State, shall never be taxed at a higher 
rate than the lands belonging to residents of this State. That 
no taxes shall be imposed by the State of South Dakota on lands 
or property therein belonging to or which may hereafter be pur- 
chased by the United States, or reserved for its use. But 
nothing herein shall preclude the State of South Dakota from 
taxing as other lands are taxed any lands, owned or held by any 
Indian who has severed his tribal relation and has obtained from 
the United States, or from any person a title thereto by patent or 
other grant save and except such lands as have been, or may 
be granted to any Indian or Indians under any act of Congress 
containing a provision exempting the lands thus granted from 
taxation, all such lands which may have been exempted by any 
grant or law of the United States, shall remain exempt to the 
extent, and as prescribed by such act of Congress. 

Third. That the State of South Dakota shall assume and 
pay that portion of the debts and liabilities of the Territory of 
Dakota as provided in this Constitution. 

Fourth. That provision shall be made for the establishment 
and maintenance of systems of public schools, which shall be 



Thursday, July 25, 1889. 107 



open to all the children of this State, and free from sectarian con- 
trol. 

By order of committee, 

By L. H. Hole, Chairman. 

CONSIDERATION OF REPORTS OF STANDING COMMITTEES. 

The report of the Congressional and Legislative Apportion- 
ment Committee was called and 

Mr. Van Tassel moved its adoption. 

Mr. Sterling moved 

To postpone till 8 p. m. today, which motion was lost. 

The vote being taken on adoption, resulted as follows : 

Ayes — Anderson, Atkinson, Buechler, Clough, Cook, 
Cooper, Corson, Couchman, Craig, Culver, Davies, Dickinson, 
Diefendorf, Downing, Eddy, Edgerton of Yankton, Fellows, 
Fowles, Goddard, Hall, Harris, Hartley, Heninger, Hole, Houl- 
ton, Huntley, Humphrey, Jeffries, Jolley, Kimball, Lee, Lyons, 
Matson, O'Brien, Peck, Ramsey, Ringsrud, Scollard, Sherwood, 
Smith, Spooner, Stoddard, Stroupe, Thompson, VanBuskirk, 
Van Tassel, Westcott, Wheeler, Whitlock, Willis, Williams, Wil- 
liamson, Wood of Pennington, Wood of Spink, Young, Zitka, 
and Mr. President — (57). 

Noes — Gifford, McFarland and Sterling — (3). 

So the report was adopted. 

Mr. Harris moved 

To reconsider the vote by which the report was adopted 
and also to lay the motion to reconsider on the table. 

Which motions were carried. 

REPORTS OF SELECT COMMITTEES. 

The following report was submitted : 

Sioux Falls, Dakota, July 25, 1889. 
Mr. President: 

Your Special Committee to whom was referred the com- 
munication from the officers of "The American Sabbath Union," 
having carefully examined the same and the matters therein re- 
ferred to, beg leave to submit the following report. 

That in our judgment, this Convention acting under enumer- 
ated powers fixed by and contained in the Act of Congress known 
as "The Omnibus Bill," have no power to change, alter or 
amend the Sioux Falls Constitution of 1885, by inserting the 
provision named in said communication nor any similar provision, 
for the reason that the power so to do is not conferred upon this 
convention by the said act of Congress. 



108 Journal of the Convention, 

Your committee further recommends that the Chief Clerk of 
this Convention on behalf of this Convention send in writing to the 
Hon. Elliott F. Shepard, Gen. O. O. Howard, U. S. A., Rev. J. 
H. Knowles,D. D., Rev. Wilbur F. Crafts, D. D., officers of the 
American Sabbath Union, the following communication: 
Gentlemen : 

We, the Constitutional Convention of South Dakota hereby 
acknowledge the receipt of your telegraphic communication 
bearing date of July 20, 1889, recommending the insertion into 
the Constitution of South Dakota of certain provisions relating 
to the observance of the Sabbath day. 

We have the honor to inform you that your communication 
was referred to a special committee of this Convention and said 
committee after careful and mature consideration of your com- 
munication, made and submitted to this Convention the following 
report. 

Your special committee to whom was referred the commun- 
ication from the officers of the American Sabbath Union, having 
carefully examined the same and the matters therein referred to, 
beg leave to submit the following report: 

That in our judgment this Convention, acting under enum- 
erated powers fixed by and contained in the Act of Congress 
known as the "Omnibus Bill," have no power to change, alter or 
amend the Sioux Falls Constitution of 1885, by inserting the 
provisions named in said communication nor any similar provision 
for the reason that the power so to do is not conferred upon this 
Convention by the said Act of Congress, which said report was 
unanimously adopted by the Convention. 

It is therefore apparent that no further action can be taken 
by this Convention on your communication and the matters there- 
in referred to. 

Respectfully submitted, 
E. E. Clough. 
S. F. Huntley, 
J. V. Willis, 
Samuel A. Ramsey. 
Chauncey L. Wood, 

On motion of Mr. Clough the above report was adopted. 

Mr. Wood of Pennington moved 

To suspend the rules and consider the report of the Judi- 
ciary Committee, relating to Clerks of the Circuit Court. Mo- 
tion was lost. 



Thursday, July 25, 1889. 109 



SPECIAL ORDER. 

The report of the Committee on Education and school 
lands read and Mr. Humphrey moved its adoption. 

Mr. Corson moved 

To strike out of the report amendment number "Fourth" 
and to substitute for Section 8 as reported, the original Section 8 
of the Sioux Falls Constitution. 

Mr. Wood of Pennington moved 

As an amendment that the words "and other" in the first 
sub-division of the report be stricken from the report. Carried. 

Mr. Corson's motion as amended was adopted. 

Mr. Sterling moved the following amendment: 

That report of the Committee on Education and school 
lands be amended so that Section 9 of Article VIII shall read as 
follows : 

Sec. 9. The lands mentioned in this Article may, under 
such regulations as the Legislature shall prescribe, be leased for 
periods of not more than five years in quantities not exceeding 
one section to any one person or company. All rents shall be 
payable annually in advance, nor shall any lease be valid until 
it receives the approval of the Governor. 

Mr. Westcott moved to lay the amendment on the table 
which motion was carried. 

The vote being taken on the report of the Committee as 
amended 

The report was adopted: 

The report of the Committee on Name, Boundary and Seat 
of Government in regard to Name and Boundary, 

Was, on motion of Mr. Stroupe adopted. 

The report of the Committee on Name, Boundaries and 
Seat of Government, relating to seat of government, 

Was, on motion of Mr. Stroupe, adopted. 

Mr. Clough offered a resolution in relation to the words "sec- 
retary and chief clerk" as appearing in the Journal, which was re- 
ferred to the Committee on Rules. 

On motion of Mr. Spooner, 

It was ordered that when the Convention adjourn it adjourn 
to meet at 9 a. m. tomorrow. 

On motion of Mr. Humphrey, 

The Committee on Schedule and Ordinance were instructed 
to report at 9 o'clock a. m. tomorrow. 

On motion of Mr. Humphrey, 



no Journal of the Convention, 

The reports of the Schedule and Ordinance Committee was 
made special order for 9 a. m. tomorrow. 

On motion of Mr. Fellows, 

The vote by which the Schedule and Ordinance Committee 
were instructed to report tomorrow at 9 o'clock a. m. was 

Reconsidered. 

The vote being again taken to instruct the committee to re- 
port tomorrow at 9 o'clock a. m., 

Motion was lost. 

On motion of Mr. Sherwood, 

The Convention adjourned. 



TWENTY-THIRD DAY. 

Sioux Falls, Dakota, July 26, 1889. 
9 o'clock A. M. 

Convention called to order by the President. 
Prayer by Rev. Lee. 
Journal read and approved. 

REPORTS OF STANDING COMMITTEES. 

The minority of the Judiciary Committee presented the fol- 
lowing report: 

Mr. President: 

The undersigned members of the Judiciary Committee 
would respectfully represent that we have carefully examined 
the Sioux Falls Constitution and the Omnibus Bill, and are un- 
able to find any provision or authority in either, by which this 
Convention can provide by ordinance or otherwise for the elec- 
tion of any other than State officers at the election held for the 
adoption of the Constitution. That neither the clerk of the court, 
register of deeds, or any other of the county officers are by the 
said Constitution, or Omnibus Bill, considered as State officers 
nor have they ever been treated as State officers in the adminis- 
tration of the affairs of government, but especially does the said 
Constitution treat and consider these officers as county officers 
and provides for their election at the next general election after 
the admission of the State into the Union. We therefore beg 



Friday, July 26, 1889. in 

leave to dissent from the opinion of the Committee heretofore 

submitted. 

S. B. VanBuskirk, 
Geo. C. Cooper, 
H. F. Fellows, 
Thos. Stfrling, 
Samuel A. Ramsey, 
H. W. Eddy, 
A. J. Berdahl. 

Committee on Name, Boundaries and Seat of Government 
presented the following report: 

Sioux Falls, July 26, 1889. 
Your Committee on Name, Boundaries and Seat of Govern- 
ment, to whom was referred the resolution presented by Mr. 
Goddard, of McCook county, relative to the seventh standard, 
parallel have considered the same, and beg leave to report, that 
in the opinion of your committee, the Constitutional Conventions 
of North and South Dakota are not authorized by the "Omnibus 
Bill" to determine what constitutes the true seventh standard 
parallel. We therefore respectfully recommend that no action 
be taken on the resolution. 
Respectfully submitted, 

M. P. Stroupe, 

Chairman. 
S. A. Wheeler, 
Jonathan Kimball, 
W. T. Williams, 
E. G. Edgerton, 
Wm. VanEps. 

On motion of Mr. Stroupe, 
The report was adopted. 

Report of Committee on Printing called. 

Mr. Sherwood moved 

To amend by substituting the words, "twenty thousand ", 
wherever the figures 10,000 appear. 

Mr. Zitka moved 

An amendment to the amendment that 10,000 copies be 
printed in the Bohemian language. 

Both of which motions were carried. 

Report as amended was adopted. 

Mr. Spooner presented a petition from citizens of Kingsbury 
County, asking that the modified Australian system of voting be 
adopted for the regulation of the October election. 






ii2 Journal of the Convention, 



SPECIAL ORDER. 

The report of the Committee on Schedule and Ordinance, 
relating to Minority Representation, called, and on motion of Mr. 
Hole, adopted. 

Report of Committee on Schedule and Ordinance, relating 
to Prohibition, on motion of Mr. Hole, adopted. 

Report of the Committee on Revenue and Finance was, on 
motion of Mr. Goddard, adopted. 

Report of Committee on Legislative Department was, on 
motion of Mr. McFarland, adopted. 

Moved by Mr. Dickinson 

That the rules be suspended and the convention now conr 
sider the majority and minority report of the Judiciary committee 
relating to the election of Clerks of the circuit court. 

Ayes 26; noes 23. 

There not being the necessary two-thirds to suspend the 
rules. 

The motion was lost. 

On motion of Mr. Jolley 

The rules were suspended and the Compact with the United 
States was adopted. 

The committee on Schedule presented the following re- 
port: 

SCHEDULE AND ORDINANCE. 

Section i. That no inconvenience may arise from the 
change of the Territorial government to the permanent State 
government, it is hereby declared that all writs, actions, prosecu- 
tions, claims and rights of individuals, and all bodies corporate, 
shall continue as if no change had taken place in this govern- 
ment; and all process which may be before the organization of 
the Judicial Department under this Constitution, issued under 
the authority of the Territory of Dakota, within the boundary of 
this State, shall be as valid as if issued in the name of the State 
of South Dakota. 

Sec 2. That all fines, penalties, forfeitures, and escheats 
accruing to the Territory of Dakota, within the boundary of the 
State of South Dakota, shall accrue to the use of said State. 

Sec 3. That all recognizances, bonds, obligations or other 
undertakings, heretofore taken, or which may be taken before 
the organization of the Judicial Department under this Constitu- 
tion, shall remain valid, and shall pass over to, and may be prose- 
cuted in the name of the State of South Dakota; and all bonds, 



Friday, July 26, 1889. 113 

obligations or other undertakings, executed to this Territory, 
within the boundaries of the State of South Dakota, or to any 
officer in his official capacity, shall pass over to the proper State 
authority, and to their successors in office, for the uses therein 
respectively expressed, and may be sued for, and recovered ac- 
cordingly. 

All criminal prosecutions and penal actions, which have 
arisen, or which may arise before the organization of the Judicial 
Department, under this Constitution, and which shall then be 
pending, may be prosecuted to judgment, and executed in the 
name of the State. 

Sec. 4. All officers, civil and military, now holding their 
offices, and appointments in this Territory, under the authority of 
the United States, or under the authority of the Territory of 
Dakota, shall continue to hold and exercise their respective 
offices, and appointments until superseded under this Constitution, 

Provided: That the provisions of the above sections shall 
be subject to the provisions of the act of Congress providing for 
the admission of the State of South Dakota, approved by the 
President of the United States, on February 22, 1889. 

Sec. 5. This Constitution shall be submitted for adoption 
or rejection, to a vote of the electors, qualified by the laws of this 
Territory to vote, at all elections, at the election to be held on 
Tuesday, October 1, 1889. 

At the said election, the ballots shall be in the following form : 

For the Constitution: Yes. No. 

For Prohibition : Yes. No. 

For Minority Representation : Yes. No. 

As a heading to each of said ballots shall be printed on each 
ballot the following instructions to voters: 

All persons desiring to vote for the Constitution, or for any 
of the articles submitted to a separate vote, must erase the word 
"No." 

All persons who desire to vote against the Constitution, or 
against any article submitted separatelv must erase the word 
" Yes." 

Any person may have printed or written on his ballot only 
the words, " For the Constitution " or " Against the Constitu- 
tion," and such ballots shall be counted for or against the Con- 
stitution accordingly. The same provision shall apply to articles 
submitted separately. 

In addition to the foregoing election for the Constitution, 
and for the article submitted by this Convention for a separate 



ii4 Journal of the Convention, 



vote thereon, an election shall be held at the same time and 
places, by the said qualified electors, for the following State offi- 
cers, to be voted for on the same ballot as above provided, for 
votes on the Constitution and separate articles, to- wit: 

A Governor, Lieutenant Governor, Secretary of State, 
Auditor, Treasurer, Attorney General, Superintendent of Public 
Instruction, Commissioner of School and Public Lands, Judges 
of the Supreme, circuit and county courts, Representatives in 
Congress, State Senators, and Representatives in the Legislature. 

All the elections above provided for shall be held in the 
same manner and form as provided, for the election for the adop- 
tion or rejection of the Constitution. And the names of all offi- 
cers above specified to be voted for at such election, shall be writ- 
ten or printed upon the same ballots as the vote for or against 
the Constitution. 

The judges of election in counting the ballots voted at such 
election, shall count all the affirmative ballots upon the Constitu- 
tion as votes for the Constitution : and they shall count all the 
negative ballots voted at said election upon the Constitution, as 
votes against the Constitution; and ballots voted at said election 
upon which neither of said words, "yes" or "no" following the 
words " for the Constitution " are erased, shall not be counted 
upon such proposition. And they shall count all affirmative bal- 
lots so voted upon the article on prohibition, separately submit- 
ted, as votes for such article. And they shall count all negative 
ballots so voted upon such article, as votes against such article. 

And ballots upon which neither the words " yes " or " no " 
following the words 6i For Prohibition " are erased, shall not be 
counted upon such proposition. And they shall count all the 
affirmative ballots so voted upon the article on minority represen- 
tation, separately submitted, as votes for such article. And they 
shall count all negative ballots so voted upon such article, as 
votes against such article. And ballots upon which neither of 
said words, " yes " or " no," following the words " For minority 
representation " are erased, shall not be counted upon such prop- 
osition. 

If it shall appear in accordance with the returns hereinafter 
provided for, that a majority of the votes polled at such election, 
for and against the Constitution, are for the Constitution, then 
this Constitution shall be the Constitution of the State of South 
Dakota. If it shall appear, according to the returns hereinafter 
provided for, that a majority of all votes cast at said election for 
and against "prohibition" are for prohibition, then said Article 
XXIV shall be and form a part of this Constitution, and be in 



Friday, July 26, 1889. 115 

full force and effect as such from the date of said election. But 
if a majority of said votes shall appear, according to said •re- 
turns, to be against prohibition, then Article XXIV shall be null 
and void and shall not be a part of this Constitution. 

And if it shall appear, according to the returns hereinafter 
provided for, that a majority of all votes cast at said election for 
and against minority representation, are for minority representa- 
tion, then Article XXV shall be and form a part of said Consti- 
tution, and be in full force and effect as such from the date of 
said election. But if a majority of said votes shall appear, ac- 
cording to said returns, to be against minority representation, 
then said Article XXV shall be null and void and shall not be a 
part of this Constitution. 

At such election the person voted for, for any one of the 
offices to be filled at such election, who shall receive the highest 
number of votes cast at said election, shall be declared elected 
to said office. 

Sec. 6. At the same time and places of election, there shall 
be held by said qualified electors an election for the place of the 
temporary seat of government. 

On each ballot, and on the same ballot, on which are the 
matters voted for or against, as hereinbefore provided, shall be 
written or printed the words, "For temporary seat of Govern- 
ment." 

(Here insert the name of the city or town or place to be 
voted for.) 

And upon the canvass, and return of the vote, made and as 
hereinafter provided for, the name of the city, town, or place, 
which shall have received the largest number of votes for said 
temporary seat of government, shall be declared by the Gover- 
nor, Chief Justice and Secretary of the Territory of Dakota, or 
by any two of them at the same time that they shall canvass the 
vote for or against the Constitution, together with the whole 
number of votes cast for each city, town o^ nHce, and the officers, 
above named, shall immediately after the result of said election 
shall have been ascertained, issue a proclamation directing the 
Legislature elected at said election, to assemble at the said city, 
town, or place so selected, on the day fixed by this schedule and 
ordinance. 

Sec. 7. The election provided for herein shall be under 
the provisions of the Constitution herewith submitted, and shall be 
conducted, in all respects, as elections are conducted under the gen- 
eral laws of the Territory of Dakota, except as herein provided. 
No mere technicalities or informalities, in the manner or form of 



ii<5 



Journal of the Convention, 



election, or neglect of any officer to perform his duty with regard 
thereto, shall be deemed to vitiate or avoid the same, it being 
the true intent and object of this ordinance to ascertain and give 
effect to the true will of the people of the State of South Dako- 
ta, as expressed by their votes at the polls. 

Sec. 8. Immediately after the election herein provided for, 
the judges of election at each voting place, shall make a true and 
complete count of all the votes duly cast at such election, and 
shall certify and return the result of the same with the names of 
all the candidates, and the number of votes cast for each candi- 
date, and the number of vojes cast for and against the Constitu- 
tion, and the number of votes cast for and against Prohibition, 
and the number of votes cast for and against minority represen- 
tation, and the number of votes cast for each city, town or place, 
for the "temporary seat of government," to the county clerk or 
auditor of their respective counties, together with one of the poll 
lists and election books used in said election. 

Sec. 9. Within five days after said election the several 
boards of county canvassers, provided by law for the canvassing 
of the results of the election, shall make and certify to the Sec- 
retary of the Territory of Dakota, the true and correct return of 
the total number of votes cast for the Constitution, and against 
the Constitution, of the number of votes cast for and against 
"prohibition," and the number of votes cast for and against 
" minority representation," and the number of votes cast for each 
city, town or place as the " temporary seat of government," and 
of the number of votes cast for each person voted for at such 
election, except county officers and members of the Legislature, 
and shall transmit the same to the Secretary of the Territory of 
Dakota, by mail, and shall file with the County Clerk or Auditor 
of each of said counties a duplicate and certified copy of said 
return. 

Said board of county canvassers shall issue certificates of 
election to the persons who shall have received the highest 
number of votes cast for the respective offices of Judge of the 
County Court, and Representatives in the Legislature, and for 
State Senator or Senators. 

Sec 10. When two or more counties are connected in one 
senatorial or representative district, it shall be the duty of the 
Clerks and Auditors of the respective counties to attend at the 
office of the County Clerk of the senior county in date of organi- 
zation within twenty days after the date of election and 
they shall compare the votes given in the several counties 
comprising such Senatorial and Representative district and such 



Friday, July 26, 1889. 117 

clerks or auditors shall immediately make out a certificate of 
election to the person having the highest number of votes in such 
district for State Senator or Representative or both; which cer- 
tificate shall be delivered to the person entitled thereto on his ap- 
plication to the Clerk of the senior county of such district. 

Sec. 11. The Secretary of the Territory shall receive all 
returns of election transmitted to him as above provided, and 
shall preserve the same, and after they have been canvassed as 
hereinafter provided, and after the admission of the State of 
South Dakota, into the Union, he shall deliver said returns to the 
proper State officer of said State of South Dakota. 

Within fifteen days after said election, the Stcretary of the 
Territorry, with the Governor, and Chief Justice thereof- or any 
two of them, shall canvass such returns, and certify the same to 
the President of the United States, as provided in the Enabling 
Act. 

They shall also ascertain the total number of votes cast at 
such election for the Constitution and against the Constitution ; 
The total number of votes cast for and against Prohibition, and 
the total number of votes cast for and against Minority Repre- 
sentation ; and the total number of votes cast for each city, town 
or place as the "temporary seat of government;" and the total 
number of votes cast for each person voted for, for any office at 
said election, excepting County Judges and members of the Leg- 
islature, and shall declare the result of said election in conformity 
with such vote, and the Governor of the Territory shall there- 
upon issue a proclamation at once thereof. 

They shall also make and transmit to to the State Legisla- 
ture, immediately upon its organization, a list of all of the State 
and judicial officers who shall thus be ascertained to be duly 
elected. 

The various county and district canvassing boards shall 
make and transmit to the Secretary of the Territory, the names 
of all persons declared by them to be elected members of the 
Senate and House of Representatives of the State of South Da- 
kota; he shall make separate lists of the Senators, and Represen- 
tatives so elected, which lists shall constitute the rolls under 
which the Senate and House of Representatives shall be 
organized.' 

The Governor of the Territory shall make and issue certifi- 
cates of election to the persons who are shown by the canvass 
to have received the highest number of votes, for Governor, 
Lieutenant Governor, Secretary of State, Auditor, Treasurer, 
Attorney General, Superintendent of Public Instruction, Com- 



n8 Journal of the Convention, 



missioner of School and Public Lands and Judges of the Su- 
preme, and circuit courts. Such certificates to be attested by 
the Secretary of the Territory. 

Sec. 12. The apportionment made in this Constitution shall 
govern the elections above provided for, for members of the 
State Legislature until otherwise provided by law. 

At the first election held under this Ordinance for 
Senators and Representatives of the Legislature, there shall be 
elected forty-five Senators, and one hundred and twenty-four 
Representatives in the State Legislature respectfully. 

Sec. 13. The Legislature elected under the provisions of 
this Ordinance and Constitution shall assemble at the temporary 
seat of government on the third Tuesday in October in the year 
A. D. 1889, at 12 o'clock noon, and on the first day of their as- 
semblage, the Governor and other State officers shall take the 
oath of office in the presence of the Legislature. The oath of 
office shall be administered to the members of the Legislature, 
and to the State officers by the Chief Justice of the Territory, or 
bv any other officer, duly authorized by the laws of the Territory 
of Dakota to administer oaths. 

Sec. 14. Immediately after the organization of the Legis- 
lature, and taking the oath of office by the State officers, the 
Legislature shall then and there proceed to the election of two 
Senators of the United States for the State of South Dakota, 
in the mode and manner provided by the laws of congress for 
the election of United States Senators. And the Governor and 
Secretary of the State of South Dakota shall certifv the election 
of the said Senators, and two Representatives in Congress, in the 
manner required by law. 

Sec 15. Immediately after the election of the United States 
Senators as above provided for, said Legislature shall adjourn to 
meet at the temporary seat of government on the first Tuesday 
after the first Monday of January, 1890, at 12 o'clock m. 

Provided, however, that if the State of South Dakota has 
not been admitted by proclamation or otherwise at said date, then 
said Legislature shall convene within ten days after the date of 
the admission of the State into the Union. 

Sec 16. Nothing in this Constitution or Schedule contained 
shall be construed to authorize the Legislature to exercise any 
powers except such as are necessary to its first organization, and 
to elect United States Senators, and to adjourn as above pro- 
vided. 

Nor to authorize an officer of the Executive, Administrative 
or Judiciary departments, to exercise any duties of his office until 



Friday, July 26, 1889. 119 

the State of South Dakota shall have been regularly admitted 
into the Union, excepting such as may be authorized by the Con- 
gress of the United States. 

Sec. 17. The Ordinances and Schedule enacted by this 
Convention shall be held to be valid for all the purposes thereof. 

Sec. 18. That we, the people of the State of South Da- 
kota, do ordain : 

First: That perfect toleration of religious sentiment shall 
be secured, and that no inhabitant of this State shall ever be mo- 
lested in person or property on account of his or her mode of 
religious worship. 

Second: That we, the people inhabiting the State of 
South Dakota, do agree and declare, that we forever disclaim 
all right and title to the unappropriated public lands lying within 
the boundaries of South Dakota; and to all lands lying within 
said limits owned or held by any Indian or Indian tribes, and 
that until the title thereto shall have been extinguished by the 
United States the same shall be and remain subject to the dispo- 
sition of the United States, and said Indian lands shall remain 
under the absolute jurisdiction and control of the Congress of 
the United States; 

That the lands belonging to ci.izens of the United States 
residing without the said State, shall never be taxed at a higher 
rate than the lands belonging to residents of this State. That 
no taxes shall be imposed by the State of South Dakota on lands 
or property therein belonging to or which may hereafter be pur- 
chased by the United States, or reserved for its use. But 
nothing herein shall preclude the State of South Dakota from 
taxing as other lands are taxed any lands, owned or held by any 
Indian who has severed his tribal relation and has obtained from 
the United States, or from any person a title thereto by patent or 
other grant save and except such lands as have been, or may 
be granted to any Indian or Indians under any act of Congress 
containing a provision exempting the lands thus granted from 
taxation, all such lands which may have been exempted by any 
grant or law of the United States, shall remain exempt to the 
extent, and as prescribed by such act of Congress. 

Third. That the State of South Dakota shall assume and 
pay that portion of the debts and liabilities of the Territory of 
Dakota as provided in this Constitution. 

Fourth. That provision shall be made for the establishment 
and maintenance of systems of public schools, which shall be 
open to all the children of this State, and free from sectarian con- 
trol. 



120 Journal of the Convention, 

These ordinances shall be irrevocable without the consent 
of the United States, and also the people of the said State of 
South Dakota, expressed by their Legislative Assembly. 

Sec. 19. The tenure of all officers, whose election is pro- 
vided for in this schedule, on the first day of October, A. D ., 
1889, shall be as follows: 

The Governor, Lieutenant Governor, Secretary of State, 
Auditor, Treasurer, Attorney General, Superintendent of Public 
Instruction, Commissioner of School and Public Lands, Judges 
of county courts, shall hold their respective offices until the first 
Tuesday, after the first Monday, in January, A. D., 1892, at 
twelve o'clock m., and until their successors are elected and 
qualified. 

The Judges of the Supreme court and circuit courts, shall 
hold their offices, until the first Tuesday, after the first Monday, 
in January, A. D., 1894, at twelve o'clock m., and until their 
successors are elected and qnahfied; subject to the provisions of 
Section 26, of Article Y, of the Constitution. 

The terms of office of the members of the legislature, 
elected at the first election held under the provisions of this 
Constitution, shall expire on the first Tuesday, after the first 
Monday, in January, one thousand and eight hundred and 
ninety-two (1892.) 

Sec. 20. That the first general election under the provis- 
ions of this Constitution, shall be held on the first Tuesday, after 
the first Monday, in November, 1890, and every two years 
thereafter. 

Sec. 21. The following form of ballot is adopted: 

CONSTITUTIONAL TICKET. 

INSTRUCTIONS TO VOTERS. 

All persons desiring to vote for the Constitution, or for any 
of the articles submitted to a separate vote, may erase the word 
» No." 

All persons who desire to vote against the Constitution, or 
any articles separately submitted, may erase the word " Yes." 

For the Constitution. Yes. No. 

For Prohibition. Yes. No. 

For Minority Representation. Yes. No. 

For as the temporary seat of government. 



Friday, July 26, 1889. 121 

For Governor. 

For Lieutenant Governor. 

For Secretary of State. 

For Auditor. 

For Treasurer. 

For Attorney General. 

For Superintendent of Public Instruction. 

For Commissioner of School and Public Lands. 

For Judges of the Supreme Court. 

First district 

Second district 

Third district 

For Judge of the Circuit Court circuit. 

For Representative in Congress. 

For State Senator. 

For Representative in the Legislature. 

For County Judge. 



122 Journal of the Convention, 



Sec. 22. This Constitution shall be engrossed, and after 
adoption and signing by the Convention shall be delivered to 
Hon. A. J. Edgerton, the President of the Constitutional Con- 
vention, for safe keeping, and by him to be delivered to the Sec- 
retary of State as soon as he assumes the duties of his office, and 
printed copies thereof shall be prefixed to the books containing 
the laws of the State and all future editions thereof. 

The President of this Convention shall also supervise the 
making of the copy that must be sent to the President of the 
United States; said copy is to be certified by the President and 
Chief Clerk of this Convention. 

Committee 

L. H. Hole, Chairman. 
C. G. Hartley, 
C. R. Westcott, 
A. B. McFarland, 
H. F. Fellows, 
J. F. Wood, 

C. BUECHLER, 

John L. Jolley, 
L. T. Boucher, 
J. F. Whitlock, 

D. Corson, 

P. Couchman, 
S. S. Peck, 
H. W. Eddy, 
W. G. Dickinson, 
Samuel A. Ramsey, 
A. J. Berdahl, 
Wm. Stoddard, 
I. R. Spooner, 
R. A. Smith, 
John Scollard, 
Wm. VanEps. 
On motion of Mr. VanBuskirk 
The Convention adjourned to 2 o'clock p. m. 



Friday, July 26, 1889. 123 



2 o'clock P. M. 

The Convention met pursuant to adjournment — the Presi- 
dent in the chair. 

The President announced as the order consideration of the 
report of the Schedule and Ordinance Committee, and 

Mr. Hole moved the adoption of the report section by sec- 
tion. 

Carried. 

On motion of Mr. Hole, chairman of Schedule Committee, 

Section 1 was adopted as read. 

On motion of Mr. Hole, 

Section 2 was adopted as read. 

In Section 3 Mr. VanBuskirk moved, 

To insert the word "therein" after the word "officer." 

Motion carried, and Section 3 adopted as amended. 

On motion of Mr. Hole, 

Section 4 was adopted as read. 

When Section 5 was reached, 

Mr. Williams offered the following amendments: 

That the report of Committee on "Schedule and Ordinance" 
be amended as follows, to-wit: 

1. That said Section 5 be amended as follows: 

After the word "State" in the fourth line of the seventh 
paragraph, insert the words " and county." 

Also that same Section be amended to read as follows: 

At the end of paragraph eight of said Section add the words 
"and clerks of circuit court." 

The President called Mr. Stroupe to the chair. 

The question on the amendment was called, 

And the ayes and noes being taken resulted as follows: 

Ayes — Messrs Atkinson, Boucher, Clough, Cook, Davies, 
Fowles, Goddard, Hall, Henninger, Huntley, Humphrey, Matson, 
McFarland, O'Brien, Peck, Sherwood, Smith, Spooner, Williams, 
Wood of Pennington, Zitka and Mr. President. — (22.) 

Noes — Anderson, Berhahl, Buechler, Coats, Cooper, Corson, 
Couchman, Craig, Dickinson, Diefendorf, Downing, Eddy, Edger- 



124 Journal of the Convention, 

ton, of Yankton, Fellows, Gifford, Hartley, Hole,- Houlton, Jolley, 
Kimball, Lee, Lyons, Ramsey, Ringsrud, Scollard, Stoddard, 
Sterling, Stroupe, Thompson, VanBuskirk, VanEps, VanTassel, 
Westcott, Wheeler, Whitlock, Willis, Williamson, Wood, of 
Spink, Young— (39.) 

So the amendment was lost. 
On motion of Mr. Hole, 
Section 5 was adopted as reported. 
On motion of Mr. Hole, 
Section 6 was adopted as read. 

On the submission of Section 7, Mr. Peck moved as fol- 
lows : 

That Section 7 of the report of the Committee on Schedule 
be amended by adding the following thereto and this to be con- 
considered paragraph by paragraph with the other portions of 
said Section. 

Rules Regulating the Election to be Held Under the 
Authority of the Enabling Act for the Adoption or 
Rejection of the Constitution and the Articles Sep- 
arately Submitted Therewith and the Representa- 
tives in Congress, Also State and Judicial Officers 
for South Dakota. 

Secion 1. That at the election to be held on the first day 
of October, 1889, the election laws now in force in the Territory 
of Dakota shall apply to and govern such election except as 
hereinafter specially provided. 

Sec 2. Nominations for State officers, Representatives in 
Congress and Judges of the Supreme Court shall be made by 
any State convention and certified to by the Chairman and Sec- 
retary of such convention, according to form number one (1) 
hereinafter provided, or by any three hundred (300) legal voters 
in South Dakota attaching their names to a paper nominating 
candidates and filing the same with the Territorial Secretary. 

Sec 3. Nominations for members of the State Legislature, 
Judges of the circuit court and Judges of county courts, 
shall be made by any convention held in legislative and judicial 
districts or county for which any such officer is to be elected, 
and certified to by the chairman and secretary, according to form 
No. 2 hereinafter prescribed, or by any one hundred legal voters 
of any legislative or judicial district or county, by attaching their 



Friday, July 26, 1889. 125 



names to a paper nominating such officers, and filing the same 
with the county clerk or county auditor to which such nomina- 
tions refer. 

Sec. 4. All certificates of nominations and nominating 
papers provided for in section two (2) shall be filed with the 
Territorial Secretary by the fifteenth day of September, and all 
those provided for in section three (3) shall be filed with the 
county clerk or county auditor by the twentieth day of Septem- 
ber, 1889, and no certificate of nomination or nominating papers 
shall be acted upon, except accompanied with the consent in 
writing of the person or persons therein nominated, provided 
that in case of death or resignition, the authority making such 
nomination shall be permitted to fill such vacancy by a new 
nomination. 

Sec. 5. The Territorial Secretary, on the receipt by him 
of the nominating papers hereinbefore mentioned, shall forthwith 
transmit true copies of the same to the county clerks or county 
auditors of the several counties in South Dakota. 

Sec 6. The county clerk or county auditor shall, after the 
expiration of the time for receiving the nominating papers, forth- 
with cause to be printed such a number of ballot papers as will 
be sufficient for the purpose of the election, and the number nec- 
essary for each polling place shall be bound or stitched in a book 
of convenient form, and the county clerk or county auditor shall 
cause to be printed in English, in large type, on cards, instruc- 
tions for the guidance of voters in preparing their ballot paper; 
such clerk or auditor shall furnish ten (10) copies of such in- 
structions to the judges of each election precinct, and said judges 
shall cause them to be posted both inside and outside of the poll- 
ing place, and said county clerk or county auditor shall, as pro- 
vided by law, cause to be delivered to the proper judges of elec- 
tion the ballot box and all poll books and returns now by law re- 
quired or by this ordinance required to conduct and complete the 
election, also the ballot papers, at least two (2) days before poll- 
ing the vote; and shall cause to be published in each newspaper 
in the county a true copy of the ballot paper and card of instruc- 
tions, said publication to be in the last issue of said papers before 
the day of voting. 

Sec 7. Every ballot paper shall contain the names of all 
candidates for representatives in Congress, State, and judicial of- 
ficers, and members of the Legislature, and the name of the 
political party to which each candidate belongs; also the form of 
the ballot for the adoption or rejection of the Constitution and the 



126 Journal of the Convention, 

articles separately submitted therewith, as provided in this ordi- 
nance. 

Sec. 8. Each polling place shall be furnished with a suffic- 
ient number of compartments, in which the voter, screened from 
observation, shall mark his ballot paper, and a guard rail so con- 
structed that only persons within such rail can approach within 
ten (10) feet of the ballot box, and it shall be the duty of judges 
of election in each polling place to see that a sufficient number of 
such places be provided and shall appoint a person to guard the 
entrance to such compartments and he shall be paid the same as 
judges of election. 

Sec. 9. The voters being admitted one at a time for each 
compartment where the poll is held shall declare his name, and 
when permitted by the judges to vote his name shall be entered 
on the voters' list, and he shall receive from one of the judges of 
election a ballot paper on the back of which the initials of one of 
the judges of election shall be so placed that when the ballot 
paper is folded they can be seen without opening it, and the 
judges ot election shall instruct him how to mark his ballot 
paper. 

Sec 10. The voter, on receiving his ballot paper, shall 
forthwith proceed to one of the compartments of the polling sta- 
tion and there without undue delay, not exceeding five minutes, 
mark his ballot paper by putting a cross (x) in the space to the 
right-hand side of the name of the person for whom he desires 
to vote and if he desires to vote for any person whose name is 
not on his ballot paper he may write or paste on his ballot paper 
the name of the person for whom he desires to vote, and shall 
then fold up his ballot paper so that the initials on the back can 
be seen without opening, and hand it to one of the judges who 
shall, without opening it, ascertain that the initials are on it and 
that it is the same ballot paper given to the voter, and shall then 
place it in the ballot box and the voter shall quit the polling com- 
partment as soon as his ballot paper has been put in the ballot 
box. 

Sec. 11. The judges of election, on the application of any 
voter who is unable to vote in the manner provided, shall assist 
such voter by marking his ballot paper in the manner desired by 
such voter in the presence of the persons permitted to be in the 
compartment occupied by the judges and no others, and shall 
place such ballot paper in the ballot box, and when the judges of 
election shall not understand the language spoken by the voter 
claiming to vote, they shall swear an interpreter, who shall be 



Friday, July 26, 1889. 127 

the means of communication between them and the voter with 
reference to all matters required to enable such voter to vote. 

Sec. 12. A voter who has inadvertently dealt with the 
ballot paper given him in such manner that it cannot be conve- 
niently used, may, on delivering the same to the judges, obtain 
another ballot paper in place of that so delivered up. 

Sec. 13. Any voter refusing to take the oath or affirmation 
of qualification as required by law, when requested so to do, 
shall not receive a ballot paper, or be permitted to vote. 

Sec 14. No person shall be allowed to take his ballot pa- 
per out of the polling place, nor, except as in the case provided 
for by Section Eleven (11), to show it when marked to any per- 
son so as to allow the name of the candidate for whom he has 
voted to be known, and any voter who violates or refuses to 
comply with this ordinance shall not be permitted to vote. 

Sec. 15. In addition to the judges and clerks of election, 
one watcher at each polling precinct for each political party pre- 
senting a candidate or candidates for the suffrage of the voters 
and no others shall be permitted to be in the compartment occu- 
pied b} T the judges on election day, and such judges, clerks and 
watcher shall, before entering upon their respective duties take 
and subcribe to the following oath or affirmation : I, John Jones, 
do solemnly swear (or affirm) that I will keep secret the names of 
the candidates for whom any voter may have marked his ballot 
paper in my presence at this election, so help me God. Signed 

j- j- 

Sworn or (affirmed) before me at this first day of Octo- 
ber, 1889. 

Justice of the peace or judge of election. 

Sec 16. Immediately on the close of the poll the judges 
in the presence of the clerks of election and such of the watchers 
and voters as desire to be present, shall open the ballot box and 
proceed to count the number of votes for each candidate; in 
doing so, they shall reject all ballot papers which have not been 
supplied by them as judges of said election*, all ballots by which 
more candidates have been voted for than there are officers to be 
elected; also those upon which there is any writing or mark by 
which the voter can be identified; all the ballots voted and 
counted, and those rejected, those spoiled and those unused, shall 
be put into separate envelopes, and all these parcels shall be en- 
dorsed so as to indicate their contents, and be placed in the ballot 
box and a return of the result of the election at the polling pre- 
cinct shall be made to the county clerk or county auditor, as now 



128 Journal of the Convention, 

required by law for the election of members of the Territorial 
Legislature. 

Sec. 17. All expenses incurred under these rules to be a 
charge against the county and audited and paid as other claims 
against the county. 

Mr. Scollard moved 

To lay the amendment on the table. 

The ayes and noes being called, the vote resulted as fol- 
lows : 

Ayes- — Messrs. Buechler, Scollard — (2). 

Noes — Anderson, Atkinson, Berdahl, Boucher, Clough, 
Coats, Cook, Corson, Couchman, Craig, Davies, Dickinson, 
Diefendorf, Downing, Eddy, Edgerton of Yankton, Fellows, 
Fowles, Gifford, Goddard, Hall, Hartley, Henninger, Hole, 
Houlton, Huntley, Humphrey, Jolley, Kimball, Lee, Lyons, Mat- 
son, McFarland, O'Brien, Peck, Ramsey, Ringsrud, Sherwood, 
Smith, Spooner, Stoddard, Sterling, Stroupe, Thompson, Van- 
Buskirk, VanEps, VanTassel, Westcott, Wheeler, Whitlock, 
Willis, Williams, Williamson, Wood of Spink, Young, Zitka, 
and Mr. President — (57.) 

On motion of Mr. Willis, 

It was ordered that when the Convention adjourns it be to 
meet at 8 p. m. 

On motion of Mr. Williams, 
The Convention adjourned. 

8 o'clock p. m. 

The President called Mr. Jolley to the chair, and 

Discussion upon amendment to Schedule Committee con- 
tinued. 

Vote being taken on the amendment offered by Mr. Peck 
the result was: 

Ayes — Messrs. Anderson, Atkinson, Berdahl, Clough, Davies, 
Dickinson, Downing, Eddy, Gifford, Goddard, Hall, Hartley, 
Huntley, Lee, Matson, Murphy, Peck, Ramsey, Spooner, Ster- 
ling, Westcott, Wheeler, Willis, Williams, Williamson, Wood of 
Spink, Young — (27). 

Noes — Messrs. Boucher, Buechler, Coats, Cook, Cooper, 
Corson, Couchman, Craig, Diefendorf, Edgerton of Yankton, 
Fellows, Fowles, Henninger, Hole, Houlton, Humphrey, Jolley, 
Kimball, Lyons, McFarland, O'Brien, Ringsrud, Scollard, Sher- 
wood, Stoddard, Smith, Stroupe, Thompson, VanBuskirk, Yan 
Eps, VanTassle, Whitlock, Zitka, Mr. President — (34). 

So the amendment was lost. 



Friday, July 26, 1889. 129 



Moved by Mr. Williams 

To amend Section 7 to strike out the word " except " and 
insert the words "and Rules." 
Motion lost. 

Mr. Humphrey moved 

To strike out the word "avoid " in said Section 7 and sub- 
stitute therefor the word " annul." 

Motion lost. 

Vote being taken on Section 7, as reported by the commit- 
tee, it was adopted. 

Mr. Sterling moved 

To postpone further consideration of the report till next 
Thursday. 

Mr. Hole moved as an amendment 

That the remainder of the report of the Schedule Com- 
mittee be adopted. 

Mr. Williams offered 

The following amendment to the amendment to amend Sec- 
tion 19 and moved its adoption. 

Amend Section 19 so as to read as follows: 

Sec. 19. The officers provided for in this ordinance, to be 
elected October 1, A. D. 1889, shall continue to hold and exer- 
cise the duties of their respective offices, until their respective 
successors are elected and qualified under and by virtue of this 
Constitution and laws passed in pursuance thereto. 

Motion lost. 

Mr. Humphrey moved as an amendment to the amend- 
ment to strike out all in Section 19 after the words " shall be" 
in the third line and insert the following words: " shall be as 
provided in the Constitution." 

Motion lost. Ayes 20; noes 30. 

Mr. Edgerton of Davison raised the point of order that the 
motion of Mr. Hole was not an amendment to the motion to 
postpone and was therefore not in order. 

The Chair decided the point of order well taken. 

Vote being taken upon Mr. Sterling's motion to postpone till 
next Thursday. 

Motion carried. Ayes 33; noes 21. 

On motion of Mr. Lee 

Convention adjourned. 



130 Journal of the Convention, 



TWENTY-FOURTH DAY. 

Sioux Falls, Dakota, July 27, 1889. 
2 o'clock P. M. 

Convention called to order by Judge Corson. 
Prayer by Rev. Willis. 

The clerk read the following communication from President 
Edgerton : 

Sioux Falls, Dakota, July 26, 1889. 
Judge Corson: 

Will you please preside over the convention during my ab- 
sence. 

Yours Truly, 

A. J. Edgerton. 

Journal read and approved. 
Moved by Mr. Wheeler 
That we now adjourn. 
Carried. 



TWENTY-SIXTH DAY. 

Sioux Falls, Dakota, July 29, 1889. 

2 o'clock P. M. 

Convention called to order by Judge Corson. 

Moved by Mr. Young to adjourn. 

Carried. 



TWENTY-SEVENTH DAY. 

Sioux Falls, Dakota, July 30, 1 
2 o'clock P. M. 

Convention called to order 03^ Jud^e Corson. 
Moved by Mr. Davies to adjourn. 
Carried. 



^H 



Wednesday, July 31, 1889. 131 



TWENTY-EIGHTH DAY. 

Sioux Falls, July 31, 1889. 

2 o'clock P. M. 

Convention called to order by the President. 

Prayer by Rev. Willis. 

Journal read and approved. 

Communication from Commander of the G. A. R., inclosing 
copy of resolution of G. A. R. Posts of Chicago, relating to 
name of State. 

Received and referred to Committee on Name, Boundaries 
and Seat of Government. 

Committee on Arrangement and Phraseology submitted the 
following report: 



Sioux Falls, July 31, il 

Mr. President: 

Your Committee on Arrangement and Phraseology to 
whom was referred the Preamble to the Constitution having had 
the same under careful consideration, beg leave to submit the 
following report in relation thereto, in which report there are no 
changes except that the word " South " is inserted before the 
word " Dakota " in the first line and the word "South " before 
the word " Dakota" in the last line of said Preamble and that 
such changes are in conformity with the Constitution and Omni- 
bus Enabling Act, and herewith report the Preamble with said 
changes incorporated therein and respectfully recommend the 
adoption of the changes and the re-submission of the Preamble 
as amended. 

PREAMBLE. 

We, the people of South Dakota, grateful to Almighty God 
for our civil and religious liberties, in order to form a more per- 
fect and independent government, establish justice, insure tran- 
quility, provide for the common defense, promote the general 
welfare and preserve to ourselves and to our posterity the bless- 



132 Journal of the Convention, 



ings of liberty, do ordain and establish this Constitution for the 
State of South Dakota. 

D. Corson, 

Chairman of Committee. 

On motion of Mr. VanBuskirk, 

The report was adopted. 

The Committee on Arrangement and Phraseology submit- 
ted the following report: 

Sioux Falls, July 31, 1889. 
Mr. President: 

Your Committee on Arrangement and Phraseology to 
whom was referred Article II of the Constitution, having had 
the same under careful consideration, beg leave to submit the 
following report relative thereto, and in which report there are 
no changes of the Constitution, and that said article is in con- 
formity to the provisions of the Enabling act; and respectfully 
recommend the adoption of the report and the resubmission of 
the article. 

ARTICLE II. 

DIVISION OF THE POWERS OF GOVERNMENT. 

The powers of the government of the State are divided 
into three distinct departments — the legislative, executive and 
judicial — and the powers and duties of each are prescribed by 
this Constitution. 

D. Corson, 

Chairman Committee. 

On motion of Mr. VanBuskirk, 

The report was adopted. 

Mr. Parker asked consent to attach his name to report of 
the Committee on Schedule, he not being present when report 
was presented. 

Consent granted. 

On motion of Mr. Willis, 

The Convention adjourned. 



Thursday, August i, 1889. 133 



TWENTY-NINTH DAY. 

Sioux Falls, Aug. 1, 1889. 

2 o'clock P. M. 

Prayer by Rev. Burdick. 

Journal read and approved. 

Mr. Davies moved 

That the President appoint a committee of five to secure 
the publication of the Constitution and Schedule as ordered 
by the Convention. 

Motion carried. 

Communication from John J. Cushing, relative to artesian 
wells, 

Received and referred to the Committee on Judiciary. 

A communication from J. M. Simmons, relating to name, 

Was received and referred to Committee on Name, Bound- 
ary and Seat of Government. 

On motion of Mr. Jolley, 

The Convention took a recess until 8 p. m. 

8 o'clock p. m. 

The Convention was called to order by the President. 

Mr. Edgerton of Yankton offered 

The following resolution and moved its adoption. 

Whereas, Hon. Benjamin Harrison for years has been the 
earnest friend of Dakota and the advocate of Home Rule in 
America as well as abroad, and 

Whereas, He has contributed largely to the division of 
Dakota and the early admission of four great Territories into the 
Union of States, therefore, be it 

Resolved by the delegates of South Dakota in Constitutional 
Convention assembled, that the thanks of all sincere and patriotic 
friends of republican government, and especially those residing 
in the territories, are due to him for the consistent and unwaver- 
ing stand he has maintained in favor of those principles for the 
admission of new states taught by the founders of the republic. 

Resolved, That a copy of these resolutions be transmitted 



134 Journal of the Convention, 

by our presiding officer to the Hon. Benjamin Harrison, Presi- 
dent of the United States. 

Resolution adopted. 

On motion of Mr. Westcott, 

It was ordered that when the Convention adjourns it do so 
to meet at 9 o'clock a. m. to-morrow. 

The President announced 

The following as the Committee on Printing the Constitu- 
tion, as ordered at afternoon session, viz: 

Mr. Davies of Edmunds, Mr. Stroupe of Brown, Mr. Zitka 
of BonHomme, Mr. Edgerton of Yankton, Mr. Ringsrud of 
Union. 

SPECIAL ORDER. 

Consideration of the report of the Schedule and Ordinance 
Committee : 

On motion of Mr. Hole, 

Sections 8,9, 10, 11, 12, 13, 14, 15, 16 and 17 were adopt- 
ed as reported. 

The following communication was read: 

Headquarters Department of Dakota, ) 
St. Paul, Minn., July 25th, 1889. \ 

To the Presiding Officer of the Constitutional Convention of 
South Dakota: 
Sir: I have the honor, in accordance with instructions re- 
ceived from the War Department, to request, that consideration 
of the Convention be invited to the proposition, that a clause be 
inserted in the Constitution of the State of South Dakota, by 
which jurisdiction shall be reserved to the United States, as pro- 
vided in Section 8 of Article I of the Constitution, over the Mili- 
tary Reservations of Forts Meade, Randall and Sully, heretofore 
declared by the President. 

Very Respectfully, 

Your obedient servant, 

Thos. H. Ruger, 

Brigadier General, 

Commanding. 

On motion of Mr. Corson, 

Section 18 was amended by adding after subdivision fourth, 
the following subdivision: 

Fifth: That Jurisdiction is ceded to the United States over 
the military reservations of Fort Meade, Fort Randall, and Fort 



Thursday, August i, 1889. 135 

Sully, heretofore declared by the President of the United States; 
provided legal process, civil and criminal, of this State shall ex- 
tend over such reservations in all cases of which exclusive juris- 
diction is not vested in the United States, or of crimes not com- 
mitted within the limits of such reservations. 

On motion of Mr. Hole, 

Section 18 was adopted as amended. 

Moved by Mr. Hole, 

To adopt Section 19. 

Mr. Williams offered the following amendment: 

Amend Section 19 of the report of the Committee on 
Schedule and Ordinance, by striking out the dates 1892 and 
1894 where they occur in said section, and inserting in lieu 
thereof the date 1891. 

On motion of Mr. Price, 

Further considerationof the amendment was postponed until 
tomorrow morning. 

By consent, consideration of Section 20 was also postponed 
until same time. 

On motion of Mr. Hole, 

Sections 21 and 22 were adopted. 

Mr. Kellam presented the report of the Joint Commission 
as follows: 

Whereas, By an Act of Congress approved February 22, 
1889, entitled, "An act to provide for the division of Dakota 
into two States, and to enable the people of North Dakota, South 
Dakota, Montana and Washington to form Constitutions and 
State governments and to be admitted into the Union on an 
equal footing with the original States and to make donation of 
public lands to such States." It was among other things pro- 
vided that when the Constitutional Convention of North Dakota 
and the Constitutional Convention of South Dakota, which by 
said Act were duly provided for and authorized, should assemble 
and organize as in said Act provided, it should be and become 
the duty of said Conventions respectively to appoint a Joint Com- 
mission to be composed of not less than three members of each 
Convention, whose duty it should be to assemble at Bismarck, 
the present seat of government of said Territory, and agree 
upon an equitable division of all property belonging to the Ter- 
ritory of Dakota, the disposition of all public records, and also, 
adjust and agree upon the amount of the debts and liabilities of 
the Territory, which shall be assumed and paid by each of the 
proposed States of North Dakota and South Dakota. And, 



136 Journal of the Convention, 



Whereas, The said Constitutional Conventions of North 
Dakota and South Dakota having been duly elected and assem- 
bled and organized in pursuance of and as provided in said Act, 
did, as therein required and provided and for the purposes 
therein specified, appoint a Joint Commission consisting of not 
less than three members of each Convention, to-wit: Seven 
members ot each Convention, as follows, to-wit: 

E. W. Camp, B. F. Spalding, Alex. Griggs, Andrew San- 
dager, W. E. Purcell, Harvey Harris and J. W. Scott, 
Appointed by the Convention of North Dakota, and 
A. G. Kellam, V. T. McGillycuddy, Henry Neill, E. W. 
Caldwell, William Elliott, Charles H. Price and S. F. Brott, 
Appointed by the Convention of South Dakota. And, 
Whereas, The said Joint Commission so appointed and 
composed, having duly assembled at Bismarck, as by said Act 
provided, and being now and here so assembled, and having as 
such Joint Commission duly and carefully considered the several 
matters which by said Act are referred to them for disposition 
and Agreement, do now adopt and confirm the following Agree- 
ment, compact and convention, that is to say: 

I. 

This Agreement shall take effect and be in force from and 
after the admission into the. Union as one of the United States of 
America, of either the State of North Dakota or the State of 
South Dakota. 

II. 

The words, "State of North Dakota," wherever used in this 
Agreement, shall be taken to mean the Territory of North Da- 
kota in case the State of South Dakota shall be admitted into the 
Union prior to the admission into the Union of the State of North 
Dakota; and the words, "State of South Dakota," wherever used 
in this Agreement, shall be taken to mean the Territory of South 
Dakota in case the State of North Dakota shall be admitted into 
the Union prior to the admission into the Union of the State of 
South Dakota. 

III. 

Upon the taking effect of this Agreement all the right, title, 
claim and interest of the Territory of Dakota in and to any pub- 
lic institutions, grounds or buildings situate within the limits of 
the proposed State of North Dakota, as such limits are defined 
in said Act of Congress, shall vest in said State of North Dako- 



Thursday, August i, 1889. 137 



ta; and said State of North Dakota shall assume and pay all 
bonds issued by the Territory of Dakota to provide funds for 
the purchase, construction, repairs or maintenance of such public 
institutions, grounds or buildings, and shall pay all warrants 
issued under and by virtue of that certain Act of the Legislative 
Assembly of the Territory of Dakota, approved March 8, 1889, 
entitled, "An Act to provide for the refunding of outstanding 
warrants drawn on the Capitol Building Fund." 

IV. 

Upon the taking effect of this Agreement, all right, title, 
claim and interest of the Territory of Dakota in and to any pub- 
lic institutions, grounds or buildings situate within the limits of 
the proposed State of South Dakota, as defined in said Act of 
Congress, shall vest in said State of South Dakota. And said 
State of South Dakota shall assume and pay all bonds issued by 
the Territory of Dakota to provide funds for the purchase, con- 
struction, repairs or maintenance of such public institutions, 
grounds or buildings. 

V. 

That is to say: 

The State of North Dakota shall assume and pay the fol- 
lowing bonds and indebtedness, to-wit: 
Bonds issued on account of the Hospital for Insane 
at Jamestown, North Dakota, the face aggre- 
gate of which is $ 266,000 00 

Bonds issued on account of the North Dakota 
University at Grand Forks, North Dakota, 

the face aggregate of which is 96,700 00 

Bonds issued on account of the Penitentiary at Bis- 
marck, the face aggregate of which is 93,600 00 

Refunding Capitol Building Warrants, dated April 

April 1, 1889 • 83,507 46 

And the State of South Dakota shall assume and pay the 
following bonds and indebtedness, to-wit: 
Bonds issued on account of the Hospital for the In- 
sane at Yankton, South Dakota, the face ag- 
gregate of which is $ 210,000 00 

Bonds issued on account of the School for Deaf 
Mutes at Sioux Falls, South Dakota, the face 

aggregate of which is 51,000 00 

Bonds issued on account of the University at Ver- 
million, South Dakota, the face aggregate of 
which is 75,ooo 00 



138 



Journal of the Convention, 



Bonds issued on account of the Penitentiary at 
Sioux Falls, South Dakota, the face aggre- 
gate of which is 94,300 00 

Bonds issued on account of the Agricultural Col- 
lege at Brookings, South Dakota, the face 
aggregate of which is * 97,500 00 

Bonds issued on account of the Normal School at 
Madison, South Dakota, the face aggregate 
of which is 49,400 00 

Bonds issued on account of the School of Mine's 
at Rapid City, South Dakota, the face aggre- 
gate of which is 33,000 00 

Bonds issued on account of the Reform School at 
Plankinton, South Dakota, the face aggre- 
gate of which is 30,000 00 

Bonds issued on account of the Normal School at 
Spearfish, South Dakota, the face aggregate 
of which is 25,000 00 

Bonds issued on account of the Soldiers' Home at 
Hot Springs, South Dakota, the face aggre- 
gate of which is 45,000 00 

VI. 

Each State shall receive all unexpended balances of the pro- 
ceeds of the bonds which it so assumes, whether such balances 
have been covered back into the treasury or not. 

VII. 

All furniture, fixtures, provisions, appurtenances and appli- 
ances, tools, implements and other movable property of the Ter- 
ritory of Dakota, situate in or used in connection with any of 
said public institutions, grounds or buildings, shall become and 
be the property of the State or Territory in which such grounds, 
buildings or institution may be situated, except as herein other- 
wise specifically provided. 

VIII. 

In case of loss in whole or part of any of the property of 
the Territory of Dakota prior to the taking effect of this agree- 
ment, the State in which such property would have vested if the 
same had not been destroyed, or in which such property so in- 
jured shall vest, shall receive any sums payable upon policies of 
insurance issued upon such property; and if loss not covered by 
insurance occurs on any of such property, such loss shall be 



Thursday, August i, 1889. 139 



borne by the State in which it is hereby agreed that such 
property would vest on the taking effect of this agreement. 

IX. 

Upon the taking effect of this Agreement all unearned pre- 
miums of insurance shall vest in the State or Territory in which 
the property insured thereby shall vest. 

X. 

The States of North Dakota and South Dakota shall pay 
one-half each of all liability now existing or hereafter and prior 
to the taking effect of this agreement incurred, except those 
heretofore or hereafter incurred on account of public institutions, 
grounds or public buildings, except as otherwise herein specific- 
ally provided. 

XL 

Each of said States shall succeed to all rights of the Terri- 
tory of Dakota upon contracts for public works within such State 
or upon bonds given to secure the performance of such contracts. 

XII. 

All other bonds issued prior to the taking effect of this 
agreement upon which a cause of action has or shall prior to the 
taking effect of this agreement accrue to the Territory of Da- 
kota shall be sued upon by the State of North Dakota, and it is 
hereby made the duty of said State to sue thereon, and one-half 
of the penalties or damage collected by said State thereon shall 
be paid over to the other State, and the costs of such suit or col- 
lection shall be borne equally by said States, save as it may be 
necessary to apply such proceeds otherwise in order to carry into 
effect the provisions of Article XXI of this Agreement. 

XIII. 

The furniture, fixtures, appliances and appurtenances used 
in and about or pertaining to the public offices of the Territory 
shall be the property of the State within the proposed limits of 
which said offices are now kept. 

XIV. 

The Territorial Library, including such books and volumes 
as may be added thereto prior to the taking effect of this agree- 
ment, shall be the property of the State of South Dakota. 



140 



Journal of the Convention, 



XV. 

One-half of all the copies of the Compiled Laws of the Ter- 
ritory of Dakota, Revised Codes and of all Session Laws, printed 
Journals of the House and Council of the Legislative Assembly 
of said Territory, and of other printed reports of officers of the 
Territory (except those composing a part of said library), re- 
maining undistributed or undisposed of according to law at the 
taking effect of this agreement, shall be delivered on demand to 
the proper authorities of the State of South Dakota. 

XVI. 

All arms, ammunition, quartermaster's and ordnance stores dis- 
tributed to and now in possession of militia companies of the 
Territory of Dakota shall remain in their possession, and all the 
right, title and interest of the Territory of Dakota in and to such 
arms, ammunition and stores shall vest in the State in which the 
armories or headquarters of such companies shall be situated. 
All 45-calibre rifles and ammunition of same calibre stored in Cap- 
itol at Bismarck and all 45-calibre rifles heretofore issued to Com- 
pany F, First Regiment, at Bismarck, shall be the property of 
North Dakota. 

XVII. 

All other arms, ammunition, quartermaster's and ordnance 
stores shall be equally divided between the States of South Da- 
kota and North Dakota. 

XVIII. 

All other items of personal property and miscellaneous ef- 
fects belonging to the Territory, except the territorial library, 
and the territorial records and archives, shall be divided as nearly 
equally as possible between North and South Dakota. 

XIX. 

The State of South Dakota shall pay to the State of North 
Dakota Forty-six Thousand Five Hundred Dollars, on account 
of the excess of territorial appropriations for the permanent im- 
provement of territorial institutions which under this Agreement 
will go to South Dakota, and in full of the undivided one-half in- 
terest of North Dakota in the territorial library, and in full set- 
tlement of unbalanced accounts, and of all claims against the 
Territory, of whatever na*ture, legal or equitable, arising out of 
the alleged erroneous or unlawful taxation of Northern Pacific 
Railroad lands, and the payment of said amount shall discharge 
and exempt the State of South Dakota from all liability for or 
on account of the several matters hereinbefore referred to, nor 



Thursday, August i, 1889. I 4 I 



shall either State be called upon to pay or answer to any portion 
of liability hereafter arising or accruing on account of transac- 
tions heretofore had, which liability would be a liability of the 
Territory of Dakota had such Territory remained in existence, 
and which liability shall grow out of matters connected with any 
public institutions, grounds or buildings of the Territory situate 
or located within the boundaries of the other State. 

XX. 

Neither State shall pay any portion of liability of the Ter- 
ritory arising out of erroneous taxation of property situated in 
the other State. 

XXL 

A final adjustment of accounts shall be made upon the fol- 
lowing basis: North Dakota shall be charged with all sums 
paid on account of the public institutions, grounds or buildings 
located within its boundaries on account of the current appropri- 
ations since March 8, 1889; and South Dakota shall be charged 
with all sums paid on account of public institutions, grounds or 
buildings located within its boundaries on the same account and 
during the same time. Each State shall be charged with one- 
half of all other expenses of the Territorial government during 
the same time. All moneys paid into the treasury during the 
period from March 8, 1889, to the time of taking effect of this 
Agreement, by any county, municipality or person within the 
limits of the proposed State of North Dakota shall be credited 
to North Dakota; and all such sums paid into said treasury 
within the same time by any county, municipality or person 
within the limits of the proposed State of South Dakota shall be 
credited to the State of South Dakota; except that any and all 
taxes on gross earnings paid into said treasury by railroad cor- 
porations since the 8th day of March, 1889, based upon the earn- 
ings of years prior to 1888, under and by virtue of the Act of 
the Legislative Assembly of the Territory of Dakota, approved 
March 7, 1889, and entitled " An Act providing for the levy and 
collection of taxes upon property of railroad companies in this 
Territory," being Chapter 107 of the Session Laws of 1889, 
(that is, the part of such sums going to the Territory), shall be 
equally divided between the States of North Dakota and South 
Dakota. And all taxes heretofore or hereafter paid into the said 
treasury under and by virtue of the Act last mentioned, based on 
gross earnings of the year 1888, shall be distributed as already 
provided by law, except that so much thereof as goes to the Ter- 
ritorial treasury shall be divided as follows: North Dakota shall 



142 



Journal of the Convention, 



have so much thereof as shall be or has been paid by railroads 
within the limits of the proposed State of North Dakota, and 
South Dakota so much thereof as shall be or has been paid by 
railroads within the limits of the proposed State of South Dako- 
ta. Each State shall be credited, also with all balances of ap- 
propriations made by the Seventeenth Legislative Assembly of 
the Territory of Dakota, for the account of the public institu- 
tions, grounds or buildings located within its limits remaining un- 
expended on March 8, 1889. If there shall be any indebtedness 
except the indebtedness represented by the bonds and refunding 
warrants hereinbefore mentioned, each State shall at the time of 
such final adjustment of accounts, assume its share of said in- 
debtedness as determined by the amount paid on account of the 
public institutions, grounds or buildings of such State in excess 
of the receipts from counties, municipalities, railroad corpora- 
tions or persons within the limits of said State as provided in 
this Article; and if there should be a surplus at the time of such 
final adjustment, each State shall be entitled to the amount re- 
ceived from counties, municipalities, railroad corporations or per- 
sons within its limits, over and above the amount charged to it. 

XXII. 

The payment from South Dakota to North Dakota shall be 
made by South Dakota's assuming North Dakota's share of cur- 
rent liabilities at the time of final adjustment, to the extent of 
South Dakota's indebtedness under this Agreement, to North 
Dakota; and if any balance shall remain due to North Dakota 
from South Dakota, payment of said balance shall be provided 
for by the first Legislature of South Dakota. 

XXIII. 

Upon the taking effect of this Agreement all claims for taxes 
due the Territory of Dakota shall become the property of and 
may be collected by <the State or Territory within the limits 
whereof the counties are situate against which such taxes stand 
charged upon the Territorial Treasurer's books. 

But this article shall not be held to refer to or govern the 
disposal of any taxes to be paid by railroad corporations which 
are specifically provided for by Article XXI thereof, 

XXIV. 

All other claims and demands of the Territory of Dakota 
outstanding when this Agreement shall take effect, the collection 
whereof is not hereinbefore provided for, shall be sued upon and 
collected by the State of South Dakota, and the costs of suits so 



Thursday, August i, 1889. 143 



brought and the amounts collected shall be, divided equally be- 
tween the two States of North Dakota and South Dakota. 

And said Commission so assembled and acting under and 
by virtue of the authority upon it by said Act of Congress con- 
ferred, further agrees as follows: 

I. 

The following books, records and archives of the Territory 
of Dakota shall be the property of North Dakota, to-wit: 

All records, books and archives in the offices of the Gover- 
nor and Secretary of the Territory (except records of Articles of 
Incorporation of Domestic Corporations, Returns of Election 
of Delegates to the Constitutional Convention of 1889 for South 
Dakota, Returns of Elections held under the so-called Local 
Option Law in counties within the limits of South Dakota, Bonds 
of Notaries Public appointed for counties within the limits of 
South Dakota, papers relating to the organization of counties 
situate within the limits of South Dakota, all of which 
records and archives are a part of the records and 
archives of said Secretary's office; excepting also Census Returns 
from counties situate within the limits of South Dakota and 
papers relating to requisitions issued upon the application of 
officers of counties situate within the limits of South Dakota, all 
which are part of the records and archives of said Governor's 
office.) And the following records, books and archives shall 
also be the property of the State of North Dakota, to-wit: 

Vouchers in the office or in the custody of the Auditor of 
this Territory relating to expenditures on account of public insti- 
tutions, grounds or buildings situate within the limits of North 
Dakota; one Warrant Register in the office of the Treasurer of 
this Territory — being a record of warrants issued under and by 
virtue of Chapter Twenty-four of the laws enacted by the 
Eighteenth Legislative Assembly of Dakota Territory; all letters, 
receipts and vouchers in the same office now filed by counties 
and pertaining to counties within the limits of North Dakota; 
paid and canceled coupons in the same office representing inter- 
est on bonds which said State of North Dakota is to assume and 
nay: reports of gross earnings of the year 1888 in the same of- 
fice, made by corporations operating lines of railroads situated 
wholly or mainly within the limits of North Dakota; records and 
papers of the office of the Public Examiner of the Second Dis- 
trict of the Territory; records and papers of the office of the 
Second District Board of Agriculture; records and papers in the 
office of the Board of Pharmacy of the District of North Dakota. 



x 44 



Journal of the Convention, 



All records, books and archives of the Territory of Dakota 
which it is not herein agreed shall be the property of North 
Dakota, shall be the property of South Dakota. 

The following books shall be copied and the copies shall be 
the property of North Dakota and the cost of such copies shall 
be borne equally by the said States of North Dakota and South 
Dakota, that is to say: 

Appropriation Ledger for years ending November 1889, 
and 1890 — one volume; 

The Current Warrant Auditor's Register — one volume; 

Insurance Record for 1889 — one volume; 

Treasurer's Cash Book — "D"; 

Assessment Ledger — "B"; 

Dakota Territory Bond Register — one volume; 

Treasurer's Current Ledger — one volume. 

The originals of the foregoing volumes which are to be 
copied shall at any time after such copying shall have been com- 
pleted, be delivered on demand to the proper authorities of the 
State of South Dakota. 

All other records, books and archives which it is hereby 
agreed shall be the property of South Dakota shall remain at 
the Capitol of North Dakota until demanded by the Legislature 
of the State of South Dakota, and until the State of North 
Dakota shall have had a reasonable time after such demand is 
made to provide copies or abstracts or such portions thereof 
as the said State of North Dakota may desire to have copies or 
abstracts of. 

The State of South Dakota may also provide copies or ab- 
stracts of such records, books and archives which is agreed shall 
be the property of North Dakota as said State of South Dakota 
shall desire to have copies or abstracts of. 

The expense of all copies or abstracts of records, books and 
archives which it is herein agreed may be made, shall be borne 
equally by said two States. 

II. 

And this Commission further agrees that the two commis- 
sions composing the same shall recommend to their respective 
Conventions for adoption as a part of the Schedule of the pro- 
posed Constitution for the State of North Dakota and the State 
of South Dakota respectively, the following, that is to say: 

" The Agreement made 'by the Joint Commission of the 
Constitutional Conventions of North and South Dakota concern- 
ing the records, books, and archives of the Territory of Dakota 



Friday, August i, 1889. 145 

is hereby ratified and confirmed, which Agreement is in the 
words following: that is to say;" (and then shall follow the 
words of the article last above written.) 

In testimony and confirmation whereof, the said Joint Com- 
mission now assembled and acting as such, has caused this 
Agreement to be signed and executed by and on its behalf and as 
its act and deed, and witnessed by the names hereto by each 
subscribed of the members comprising said Joint Commission as 
hereinbefore recited. 

Done at Bismarck, Dakota, this 31st day of July, A. D. 
1889. 

A. G. Kellam, 

V. T. McGlLLICUDDY, 

Henry Neil, 
E. W. Caldwell, 
W. Elliott, 
Charles H. Price, 
S. F. Brott, 
E. W. Camp, 
Burleigh F. Spalding, 
Alex. Griggs, 
Andrew Sandager, 
W. E. Purcell, 
Harvey Harris, 
John W. Scott. 

On motion of Mr. Caldwell, consideration of said report was 
postponed until tomorrow morning. 
On motion of Mr. Peck 
The Convention adjourned. 



THIRTIETH DAY. 

Sioux Falls, Dakota, Aug. 2, r! 

9 o'clock A. M. 

Convention called to order by the President. 

Prayer was offered by the Chaplain. 

Reading of Journal, on motion of Mr. Spooner, was dis- 
pensed with. 

An invitation from the Burlington, Cedar Rapids and North- 
ern R'y, to visit Spirit Lake, received and on motion accepted 
for Saturday, Aug. 3. 



146 



Journal of the Convention, 



The President called attention to the fact that a Committee 
from the United States Senate was in the city, and on motion, 
the Committee was invited to visit the Convention this afternoon. 

On motion of Mr. Spooner, 

The President was requested to appoint a committee to con- 
fer with the Senatorial Committee. 

The President named the following members as said confer- 
ence committee: 

Dr. McGillycuddy of Pennington. 

Mr. Peck of Hamlin. 

Dr. Spooner of Kingsbury. 

Mr. Couchman of Walworth. 

Mr. Hall of Sully. 

Mr. Houlton of Douglass. 

Mr. Eddy of Miner. 

Mr. Murphy of Hanson. 

Mr. Wood of Spink. 

Mr. Cook of Marshall. 

Mr. Westcott of Deuel. 

The President announced the receipt of a letter from the 
Secretary of the President of the United States, acknowledging 
the receipt of the memorial relative to school lands. 

On motion of Mr. Jolley, 

The following resolution was adopted: 

Resolved, That the President of the Convention have the 
custody of the debates until the Legislature shall order and pro- 
vide for their publication, and then he, with Hon. A. G. Kellam 
and Hon. H. F. Fellows, shall prepare the same for publication 
and cause the same to be published. 

SPECIAL ORDERS. 

Report of Committee on Schedule was taken up. 
By consent the amendment offered by Mr. Williams was 
divided and that part pertaining to 1892 first considered. 

Mr. Williams withdraws so much of his motion as refers to 
1894. 

Vote being taken upon the amendment of Mr. Williams, 
resulted as follows: 

Ayes — Messrs. Atkinson, Boucher, Caldwell, Cook, Davies, 
Downing, Edgerton of Yankton, Fowles, Goddard, Hall, Harris, 
Hartley, Huntley, Kimball, Lee, McFarland, McGillycuddy, 
Murphy, Peck, Price, Ramsey, Ringsrud, Sherwood, Smith, 
Sterling, Thompson, VanBuskirk, Westcott, Wheeler, Whit- 



Friday, August 2, 1889. 147 

lock, Willis, Williams, Williamson, Wood of Pennington, Wood 
of Spink, Young — 36. 

Noes — Messrs. Anderson, Berdahl, Brott, Buechler, Clough 
Coats, Cooper, Corson, Couchman, Craig, Culver, Dickinson, 
Diefendorf, Eddy, Elliott, Fellows, Gifford, Heninger, Hole, 
Houlton, Humphrey, Jeffries, Jolley, Kellam, Lyons, Matson, 
Neill, O'Brien, Parker, Scollard, Spooner, Stoddard, Stroupe, 
VanTassel, Zitka, Mr. President — 36. 

So the amendment was lost. 

Section 19 was adopted as reported by the Committee. 

On motion of Mr. Jolley, 

Further consideration of the report of the Committee was 
postponed and the report of the Joint Commission now con- 
sidered. 

Mr. Harris offered the following motion : 

That this Convention do now incorporate in the Constitu- 
tion the Agreement of the Joint Commissions of North Dakota 
and South Dakota, commencing with the preamble and ending 
with the close of Article XXIV. 

Mr. Clough moved 

That a recess be taken till 2 o'clock p. m. and that the Joint 
Commission be instructed to complete their report at that time. 

Motion carried. 

2 o'clock P. M. 

Convention called to order by the President. 

Mr. VanBuskirk called to the chair. 

Mr. Edgerton of Davison moved 

To reconsider the vote by which Section 19 was adopted. 

The vote was as follows: 

Ayes — Messrs. Anderson, Atkinson, Berdahl, Buechler, 
Caldwell, Clough, Coats, Cook, Culver, Davies, Downing, Edg- 
erton of Yankton, Fowles, Goddard, Hall, Harris, Hartley, Houl- 
ton, Huntley, Lee, Matson, McFarland, Murphy, Neill, Peck, 
Price, Ramsey, Ringsrud, Sherwood, Smith, Sterling, Thompson, 
VanBuskirk, Westcott, Wheeler, Whitlock, Willis, Williamson, 
Wood of Pennington, Wood of Spink, Young and Mr. Pres- 
ident — (42.) 

Noes — Messrs. Cooper, Dickinson, Elliott, Fellows, Gifford, 
Heninger, Hole, Humphrey, Jeffries, Jolly, Kimball, Lyons, 
O'Brien, Parker, Scollard, Spooner, VanTassel, Zitka — (18). 

So the motion to reconsider was carried. 



148 Journal of the Convention, 



On motion of Mr. Wood of Pennington the motion by which 
the amendment of Section 19 was lost was reconsidered. 

At this point a Commission of the United States Senate was 
introduced and a recess until 7 130 was taken to confer with them 
on the subject of irrigation. 

7:30 P. M. 

Convention called to order by the President. 

Consideration of Section 19 of report of Schedule Com- 
mittee resumed. 

President called Mr. Dickinson to the chair. 

The question being upon the adoption of the amendment of 
Mr. Williams the vote stood as follows: 

Ayes — Messrs. Atkinson, Berdahl, Boucher, Caldwell, 
Cook, Davies, Downing, Edgerton, of Yankton, Fowles, God- 
dard, Hall, Harris, Hartley, Houlton, Huntley, Lee, McFarland, 
McGillycuddy, Murphy, Neill, Peck, Price, Ramsey, Ringsrud, 
Sherwood, Smith, Sterling, Thompson, VanBuskirk, VanEps, 
Westcott, Wheeler, Whitlock, Willis, Williams, Williamson, 
Wood of Pennington, Wood of Spink, Young, Kimball — 40. 

Noes — Messrs. Anderson, Brott, Buechler, Cook, Cooper, 
Corson, Couchman, Craig, Culver, Dickinson, Diefendorf, Eddy, 
Elliott, Fellows, Gifford, Heninger, Hole, Humphrey, Jeffries, 
Jolley, Kellam, Lyons, Matson, O'Brien, Parker, Scollard, 
Spooner, Stoddard, Stroupe, VanTassel, Zitka and Mr. President. 

—32. 

So the amendment was carried. 

Section 19 as amended was adopted. 

Mr. Wood of Pennington moved to reconsider the vote just 
taken whereby Section 19 was adopted and also that the motion 
to reconsider be laid on the table. 

Carried. 

Mr. Kellam presented further report as follows : 
Mr. President: 

The Committee named by this Convention to form a part 
of the Joint Commission as provided by the Act of Congress 
under which this Convention is assembled ask leave to submit 
the following report: 

First; The agreement reached, made and executed by said 
Joint Commission intended to cover the matters which by said 
Act of Congress were referred to them for disposition and agree- 
ment. 

The agreement is hereto attached, marked " A." 

Second; The recommendation of said Committee of an 



Friday, August 2, 1889. 149 



Article to be incorporated into the Constitution to be submitted 
respecting Territorial debts and liabilities as provided in said Act 
of Congress hereto attached, marked " B." 

Your Committee also recommend the adoption as an 
article of the schedule of the Constitution, the agreement of said 
Joint Commission concerning the records, books and archives of 
the Territory, the same to be preceded by the following words, 
to- wit: 

"The agreement made by this Joint Commission of the 
Constitutional Conventions of INlorth and South Dakota concern- 
ing the records, books and archives of the Territory of Dakota 
is hereby ratified and confirmed, which is in the words following 
those to say." 

All of which is respectfully submitted. 

A. G. Kellam, 

Chairman. 

And moved that that part of the report marked "A" be 
referred to the Committee on State and Municipal Indebtedness, 
and 

The part marked '• B " be referred to the Schedule Com- 
mittee. 

So referred. 

Mr. Brott asked leave of absence and that Mr. Stoddard be 
permitted to attach his (Brott's) signature to the Constitution. 

Permission granted. 

On motion of Mr. Jolley, 

Convention adjourned to meet at 9 a. m. tomorrow. 



THIRTY-FIRST DAY. 

Sioux Falls, Dakota, Aug. 3, 1889. 
9 o'clock A. M. 

Convention called to order by the President. 

Prayer was offered by Chaplain. 

On motion of Mr. Sterling, 

The reading of the Journal was dispensed with. 

Committee on Stf.te, County and Municipal Indebtedness 
submitted the following report: 

Sioux Falls, Dakota, August 2, 1889. 
Mr. President: 

Your Committee on State, County and Municipal Indebted- 



150 Journal of the Convention, 

ness, to whom was referred Article XIII entitled " Public In- 
debtedness" have considered the same and have compared said 
Article XIII with the Sioux Falls Constitution, and the Act of 
Congress known as the "Omnibus Bill," and have instructed 
me to report the following as Article XIII of the Constitution 
and that the same is in accordance with the Sioux Falls Consti- 
tution and the changes thereto authorized by the "Omnibus Bill." 

ARTICLE XIII. 

PUBLIC INDEBTEDNESS. 

Section i. Neither the State nor any county, township or 
municipality shall loan or give its credit or make donations to or 
in aid of any individual, association or corporation except for the 
necessary support of the poor, nor subscribe to or become the 
owner of the capital stock of any association or corporation nor 
pay or become responsible for the debt or liability of any indiv- 
idual, association or corporation; provided, that the state may as- 
sume or pay such debt or liability when incurred in time of war 
for the defense of the State. Nor shall the State engage in any 
work of internal improvement. 

Sec. 2. For the purpose of defraying extraordinary ex- 
penses and making public improvements, or to meet casual de- 
ficits or failure in revenue, the State may contract debts never to 
exceed, with previous debts, in the aggregate, $500,000, and no 
greater indebtedness shall be incurred except for the purpose of 
repelling invasion, suppressing insurrection, or defending the 
State or the United States in w r ar, and provision shall be made 
by law for the payment of the interest annually, and the principal 
when due, by tax levied for the purpose or from other sources of 
revenue; which law providing for the payment of such interest 
and principal by such tax or otherwise shall be irrepealable until 
such debt is paid. 

Sec. 3. That the indebtedness of South Dakota limited by 
Section 2 of this Article shall be in addition to the debt of the 
Territory of Dakota, assumed by and agreed to be paid by 
South Dakota. 

Sec. 4. The debt of any county, city, town, school district 
or other subdivision, shall never exceed five per centum upon the 
assessed value of the taxable property therein. 

In estimating the amount of indebtedness which a municipal- 
ity or subdivision may incur, the amount of indebtedness con- 
tracted prior to the adoption of this Constitution shall be included. 

Sec. 5. Any city, county, town, school district or any other 
subdivision incurring indebtedness shall, at or before the time of 



Saturday, August 3, 1889. 151 



so doing, provide for the collection of an annual tax sufficient to 
pay the interest and also the principal thereof when due, and all 
laws or ordinances providing for the payment of the interest or 
principal of any debt shall be irrepealable until such debt be 
paid. 

TERRITORIAL DEBTS AND LIABILITIES. 

Section 6. In order that payment of the debts and liabili- 
ties contracted or incurred by and in behalf of the Territory of 
Dakota may be justly and equitably provided for and made, and 
in pursuance of the requirements of an Act of Congress, ap- 
proved February 22, 1889, entitled "An Act to provide for the 
Division of Dakota into two States and to enable the people of 
North Dakota, South Dakota, Montana and Washington to form 
Constitutions and State governments and to be admitted into the 
Union on an equal footing with the original States, and to make 
donations of public lands to such States," the States of North 
Dakota and South Dakota, by proceedings of a Joint Commis- 
sion, duly appointed under said Act, the sessions whereof were 
held at Bismarck, in said State of North Dakota, from July 16, 
1889, to July 31, 1889, inclusive, have agreed to the following 
adjustment of the amounts of the debts and liabilities of the 
Territory of Dakota which shall be assumed and paid by each of 
the States of North Dakota and South Dakota, respectively, to- 
wit: 

1. This Agreement shall take effect and be in force from 
and after the admission into the Union, as one of the United 
States of America, of either the State of North Dakota or the 
State of South Dakota. 

2. The words " State of North Dakota," wherever used 
in this Agreement, shall be taken to mean the Territory of North 
Dakota, in case the State of South Dakota shall be admitted 
into the Union prior to the admission into the Union of the State 
of North Dakota; and the words " State of South Dakota," 
wherever used in this Agreement, shall be taken to mean the 
Territory of South Dakota in case the State of North Dakota 
shall be admitted into the Union prior to the admission into the 
Union of the State of South Dakota. 

3. The said State of North Dakota shall assume and pay all 
bonds issued by the Territory of Dakota to provide funds for 
the purchase, construction, repairs or maintenance of such public 
institutions, grounds or buildings, as are located within the 
boundaries of North Dakota, and shall pay all warrants issued 
by virtue of and under that certain Act of the Legislative Assem- 



152 Journal of the Convention, 



bly of the Territory of Dakota, approved March 8, 1889, entitled, 
"An Act to provide for the refunding of outstanding warrants 
drawn on the Capitol Building Fund." 

4. The said State of South Dakota shall assume and pay 
all bonds issued by the Territory of Dakota to provide funds for 
the purchase, construction, repairs, maintenance of such public 
institutions, grounds or buildings as are located within the boun- 
daries of South Dakota. 

5. That is to say: The State of North Dakota shall as- 
sume and pay the following bonds and indebtedness, to-wit: 

Bonds issued on account of the Hospital for Insane at James- 
town, North Dakota, the face aggregate of which is Two Hun- 
dred and Sixty-Six Thousand Dollars; also Bonds issued on account 
of the North Dakota University at Grand Forks, North Dakota, 
the face aggregate of which is Ninety-Six Thousand Seven 
Hundred Dollars; also Bonds issued on account of the Peniten- 
tiary at Bismarck, North Dakota, the face aggregate of which 
is Ninety-three Thousand Six Hundred Dollars; also Refunding 
Capitol Building Warrants, dated April 1, 1889, Eighty-three 
Thousand Five Hundred and Seven Dollars and Forty-Six 
cents. 

And the State of South Dakota shall assume and pay the 
following bonds and indebtedness, to-wit: 

Bonds issued on account of the Hospital for the Insane at 
Yankton, South Dakota, the face aggregate of which is Two 
Hundred and Ten Thousand Dollars; also, bonds issued on ac- 
count of the School for Deaf Mutes, at Sioux Falls, South Da- 
kota, the face aggregate of which is Fifty-one Thousand Dollars; 
also, bonds issued on account of the University at Vermillion, 
South Dakota, the face aggregate of which is Seventy-five 
Thousand Dollars; also, bonds issued on account of the Peniten- 
tiary at Sioux Falls, South Dakota, the face aggregate of which 
is Ninety-four Thousand Three Hundred Dollars; also, bonds 
issued on account of the Agricultural College, at Brookings, 
South Dakota, the face aggregate of which is Ninety-seven 
Thousand Five Hundred Dollars; also,* bonds issued on account 
of the Normal School at Madison, South Dakota, the face aggre- 
gate of which is Forty-nine Thousand Four Hundred Dollars; 
also, bonds issued on account of the School of Mines at Rapid 
City, South Dakota, the face aggregate of which is Thirty-three 
Thousand Dollars; also, bonds issued on account of the Reform 
School at Plankinton, South Dakota, the face aggregate of which 
is Thirty Thousand Dollars; also, bonds issued on account of 
the Normal School at Spearfish, South Dakota, the face aggre- 



Saturday, August 3, 1889. 153 



gate of which is Twenty-five Thousand Dollars; also, bonds 
issued on account of the Soldiers' Home at Hot Springs, South 
Dakota, the face aggregate of which is Forty-five Thousand 
Dollars. 

6. The States of North Dakota and South Dakota shall pay 
one-half each of all liabilities now existing or hereafter and prior 
to the taking effect of this agreement incurred, except those 
heretofore or hereafter incurred on account of public institutions, 
grounds or buildings, except as otherwise herein specific- 
ally provided. 

7. The State of South Dakota shall pay to the State of North 
Dakota Fort} r -six Thousand Five Hundred Dollars, on account 
of the excess of Territorial appropriations for the permanent im- 
provement of Territorial institutions which under this agreement 
will go to South Dakota, and in full of the undivided one-half in- 
terest of North Dakota in the Territorial Library, and in full set- 
tlement of unbalanced accounts, and of all claims against the 
Territory, of whatever nature, legal or equitable, arising out of 
the alleged erroneous or unlawful taxation of Northern Pacific 
railroad lands, and the payment of said amount shall discharge 
and exempt the State of South Dakota from all liability for or on 
account of the several matters hereinbefore referred to; nor shall 
either State be called upon to pay or answer to any portion of 
liability hereafter arising or accruing on account of transactions 
heretofore had, which liability would be a liability of the Terri- 
tory of Dakota had such Territory remained in existence, and 
which liability shall grow out of matters connected with any pub- 
lic institution, grounds or buildings of the Territory situated or 
located within the boundaries of the other State. 

8. A final adjustment of accounts shall be made upon the 
following basis: North Dakota shall be charged with all sums 
paid on account of the public institutions, grounds or buildings 
located within its boundaries on account of the current appropri- 
ations since March 8, 1889; and South Dakota shall be charged 
with all sums paid on account of public institutions, grounds or 
buildings located within its boundaries on the same account and 
during the same time. Each State shall be charged with one- 
half of all other expenses of the Territorial government during 
the same time. All moneys paid into the treasury during the 
period from March 8, 1889, to the time of taking effect of this 
Agreement, by any county, municipality or person within the 
limits of the proposed State of North Dakota shall be credited 
to the State of North Dakota; and all sums paid into said treasury 
within the same time by any county, municipality or person 



*54 



Journal of The Convention, 



within the limits of the proposed State of South Dakota shall be 
credited to the State of South Dakota; except that any and all 
taxes on gross earnings paid into said treasury by railroad cor- 
porations since the 8th day of March, 1889, based upon the earn- 
ings of years prior to 1888, under and by virtue of the Act of 
the Legislative Assembly of the Territory of Dakota, approved 
March 7, 1889, and entitled " An Act providing for thelevy and 
collection of taxes upon property of railroad companies in this 
Territory," being Chapter 107 of the Session Laws of 1889, 
(that is, the part of such sum going to the Territory), shall be 
equally divided between the States of North Dakota and South 
Dakota. And all taxes heretofore or hereafter paid into the said 
treasury under and by virtue of the Act last mentioned, based on 
gross earnings of the year 1888, shall be distributed as already 
provided by law, except that so much thereof as goes to the Ter 
ritorial treasury shall be divided as follows: North Dakota shall 
have so much thereof as shall be or has been paid by railroads 
within the limits of the proposed State of North Dakota, and 
South Dakota so much thereof as shall be or has been paid by 
railroads within the limits of the proposed State of South Dako- 
ta; each State shall be credited also with all balances of appro- 
priations made by the Seventeenth Legislative Assembly of the 
Territory of Dakota for the account of the public institutions, 
grounds or buildings situated within its limits, remaining unex- 
pended on March 8, 1889. If there $hall be any indebtedness 
except the indebtedness represented by the bonds and refunding 
warrants hereinbefore mentioned, each State shall at the time of 
such final adjustment of accounts, assume its share of said in- 
debtedness as determined by the amount paid on account of the 
public institutions, grounds or buildings of such State in excess 
of the receipts from counties, municipalities, railroad corpora- 
tions or persons within the limits of said State as provided in this 
Article; and if there should be a surplus at the time of such final 
adjustment, each State shall be entitled to the amounts received 
from counties, municipalities, railroad corporations or persons 
within its limits over and above the amount charged to it. 

In witness whereof, the members of said Joint Commission 
have subscribed their names hereto, this 31st day of July, A. D. 



A. G. Kellam, 

V. T. McGlLLYCUDDY, 

Henry Neill, 
E. W. Caldwell, 
W. Elliott, 
Charles H. Price. 
S. F. Brott, 



, at Bismarck, Dakota. 
E. W. Camp, 
Burleigh F. Spalding, 
Alex. Griggs. 
Andrew Sandager, 
W. E. Purcell, 
Harvey Harris, 
John W. Scott. 



Saturday, August 3,. 1889. 



155 






Sec. 7. And the State of South Dakota hereby obligates 
itself to pay such part of the debts and liabilities of the Territory 
of Dakota as is declared by the foregoing Agreement to be its 
proportion thereof, the same as if such proportion had been orig- 
inally created b}' said State of South Dakota as its own debt or 
liability. 

C. G. Sherwood, Chairman. 

E. E. Clough. 

M. P. Stroupe, 

T. F. DlEFENDORF, 

I. R. Spooner. 
John L. Jolley. 
Samuee A. Ramsey. 
T. W. P. Lee. 

Committee on Schedule submitted the following report : 
Sioux Falls, S. D., Aug. 3, 1889. 
Mr. President: 

Your Committee on Schedule and Ordinance, to whom was 
referred that part of the report of the "joint Commission " rela- 
ting to the disposition of the books, records and archives of the 
Territory of Dakota, having had the same under consideration, 
beg leave to report the following hereto attached and we recom- 
mend that it be adopted as. part of the Schedule and Ordinance, 
and numbered Section 23. 

"The Agreement made by the Joint Commission of the 
Constitutional Conventions of North and South Dakota concern- 
ing the records, books, and archives of the Territory of Dakota 
is hereby ratified and confirmed, which Agreement is in the 
words following, that is to say;" 

• The following books, records and archives of the Territory 
of Dakota shall be the property of North Dakota, to-wit: 

All records, books and archives in the offices of the Gover- 
nor and Secretary of the Territory (except records of Articles 
of Incorporation of Domestic Corporations, Returns of Election 
of Delegates to the Constitutional Convention of 1889 for South 
Dakota, Returns of Elections held under the so-called Local 
Option law in counties within the limits of South Dakota, Bonds 
of Notaries Public appointed for counties within the limits of 
South Dakota, papers relating to the organization of counties sit- 
uate within the limits of South Dakota, all of which records and 
archives are a part of the records and archives of said Secre- 
tary's office; excepting also Census Returns from counties situ- 
ate within the limits of South Dakota and papers relating to 



156 Journal of the Convention, 



requisitions issued upon the application of officers of counties sit- 
uate within the limits of South Dakota, all which are part of 
the records and archives of said Governor's office.) And the 
following records, books and archives shall also be the property 
of the State of North Dakota, to-wit: 

Vouchers in the office or in the custody of the Auditor of 
this Territory relating to expenditures on account of public insti- 
tutions, grounds or buildings situate within the limits of North 
Dakota; one Warrant Register in the office of the Treasurer of 
this Territory — being a record of warrants issued under and by 
virtue of Chapter Twenty-four of the laws enacted by the Eigh- 
teenth Legislative Assembly of Dakota Territory; all letters, 
receipts and vouchers in the same office now filed by counties 
and pertaining to counties within the limits of North Dakota; 
paid and canceled coupons in the same office representing inter- 
est on bonds which said State of North Dakota is to assume and 
pay; reports of gross earnings of the year 1888 in the same 
office, made by corporations operating lines of railroads situated 
wholly or mainly within the limits of North Dakota; records and 
papers of the office of the Public Examiner of the Second Dis- 
trict of the Territory; records and papers of the office of the 
Second District Board of Agriculture; records and papers in the 
office of the Board of Pharmacy of the District of North Dakota. 

All records, books and archives of the Territory of Dakota 
which it is not herein agreed shall be the property of North 
Dakota, shall be the property of South Dakota. 

The following books shall be copied and the copies shall be 
the property of North Dakota and the cost of such copies shall 
be borne equally by the said States of North Dakota and South 
Dakota, that is to say: 

Appropriation Ledger for years ending November 1889, and 
1890 — one volume; 

The Current Warrant Auditor's Register — one volume; 

Insurance Record for 1889 — one volume; 

Treasurer's Cash Book — "D"; 

Assessment Ledger — " B "; 

Dakota Territory Bond Register — one volume; 

Treasurer's Current Ledger — one volume. 

The originals of the foregoing volumes which are to be 
copied shall at any time after such copying shall have been com- 
pleted, be delivered on demand to the proper authorities of the 
State of South Dakota. 

All other records, books and archives which it is hereby 
agreed shall be the property of South Dakota shall remain at 



Saturday, August 3, 1889. I 57 



the Capitol of North Dakota until demanded by the Legislature 
of the State of South Dakota, and until the State of North Da- 
kota shall have had a reasonable time after such demand is made 
to provide copies or abstracts or such portions thereof as the said 
State of North Dakota may desire to have copies or abstracts 
of. 

The State of South Dakota may also provide copies or ab- 
stracts of such records, books and archives which is agreed shall 
be the property of North Dakota as said State of South Dakota 
shall desire to have copies or abstracts of. 

The expense of all copies or abstracts of records, books and 
archives which it is herein agreed may be made, shall be borne 
equally by said two States. 

By the Committee on Schedule and Ordinance. 

L. H. Hole, 

Chairman. 

On motion of Mr. Hole, the rules were suspended and the 
last report adopted. 

On motion of Mr. Hole, the report of the Committee on 
Schedule, which had been considered section by section, was 
adopted as a whole. 

Mr. Sherwood moved 

To adopt report on State, County and Municipal Indebted- 
ness. 

The President called Mr. Williams to the chair. 

Mr. Williamson moved the following amendment: 

That the report of the Committee be amended by inserting 
the figures 100,000 in lieu of the figures 500,000 in Section 2. 

On motion of Mr. Hole 

The further consideration of the Committee's report was 
postponed till 2 o'clock p. m. 

On motion of Mr. Sherwood, 

A recess was taken till 2 o'clock p. m. 

2 o'clock P. M. 

President in the chair. 

Mr. Caldwell asked consent to offer the following resolution: 

Whereas, There are at present outstanding bonds of the 
Territory of Dakota, aggregating $107,500 of which $77,500 
bears five per cent interest, and $30,000 six per cent interest, 
which are payable at the option of the Territory after May 1, 
1888; and, 



158 Journal of the Convention, 

Whereas, The Territorial Treasurer has power under the 
Territorial law to declare said option; and, 

Whereas, It is the judgment of said treasurer that it would 
be possible under the present favorable condition of the bond 
market to refund said bonds at a much lower rate of interest; 
therefore, be it 

Resolved, By this convention, that in its judgment the public 
welfare would be subserved by such refunding, and that it hereby 
requests the Territorial Treasurer to take steps looking toward 
such action; provided, however, that the rate of interest which 
the refunding bonds shall bear shall not exceed four per cent, 
per annum, and that any premiums secured upon such bonds 
should inure to the benefit of the general fund of the Territory. 

The resolution was adopted. 

Mr. Williamson moved 

To amend the report of the Committee on State and Muni- 
cipal Indebtedness by inserting the figures 100,000 in lieu of 
the figures 500,000 in Section 2. 

Carried. 

Mr. Neill offered the following as an amendment: 

Sec. 3. That the indebtedness of the State of South Da- 
kota, limited by Section 2 of this Article, shall be in addition to 
the debt of the Territory of Dakota assumed by and agreed to 
be paid by South Dakota; Provided, that $350,000 of said in- 
debtedness limited by Section 2 be part of said Territorial in- 
debtedness until the same is fully paid. 

Amendment lost. 

Mr. VanBuskirk offered 

The following substitute for Section 2 of the Committee's 
report : 

Sec. 2. For the purpose of defraying extraordinary ex- 
penses and making public improvements, or to meet casual de- 
ficits or failure in revenue, the State may contract debts, never 
to exceed, in the aggregate, Five Hundred Thousand Dollars, 
exclusive of the indebtedness to be assumed by the State of South 
Dakota upon the division of the Territory of Dakota, and no 
greater indebtedness shall be incurred except for the purpose of 
repelling invasion, suppressing insurrection or defending the State 
or the United States in war; and provision shall be made by law r 
for the payment of the interest annually and the principal when due, 
by tax levied for the purpose, or from other sources of revenue; 
which law providing for the payment of such interest and principal by 



Saturday, August 3, 1889. 159 

such tax or otherwise shall be irrepealable until such debt is 
paid; Provided, that until the present debt of South Dakota, as- 
sumed upon the division of North and South Dakota, shall have 
been paid, South Dakota shall not incur any indebtedness in ex- 
cess of the sum of One Hundred and Fifty Thousand Dollars, 
but the Legislature may refund the indebtedness assumed and 
to be paid by South Dakota upon such division, and may use 
any part of the said sum of Five Hundred Thousand Dollars in 
excess of the said sum of One Hundred and Fifty Thousand 
Dollars to refund said indebtedness, and for no other purpose, 
but such refunding shall not be deemed a payment of such pres- 
ent indebtedness. 

Amendment lost. 

The report as amended was adopted. 

Mr. Wood of Pennington moved, 

That the vote by which the report was adopted be recon- 
sidered and the motion to reconsider be laid upon the table. 

Carried. 

The Committee on Printing made the following report and 
moved its adoption. 

Sioux Falls, August 3, 1889. 
Mr. President: 

Your Committee on Printing, having had under considera- 
tion the advisability of printing b.ank Certificates of Indebtedness 
relative to the expenses of this Convention, direct me to report 
recommending that this Convention do provide for the printing 
of one hundred and fifty (150) blank Certificates of Indebted- 
ness, to comply in form to Rule 46 with the addition thereto in 
the beginning of said form the words, "This is to certify." All 
of which is respectfully submitted. 

H. A. Humphrey, 

Chairman of Committee. 

Motion carried. 

On motion of Mr. Ringsrud 

The Convention adjourned till 1 p. m. Monday. 



160 Journal of the Convention. 



THIRTY-THIRD DAY. 

Sioux Falls, D. T., August 5, 1889. 

Convention called at 1 p. m. 

Prayer by Rev. Huntley. 

Mr. Price called to the chair. 

Mr. Edcrerton of Davison offered the following:: 

In order to facilitate action in accordance with Resolution 
adopted August 3d, i889, I ask unanimous consent to offer the 
following: 

Section 8. The Territorial Treasurer is hereby authorized 
and empowered to issue refunding bonds to the amount of $107,- 
500.00, bearing interest not to exceed the rate of four per cent 
per annum, for the purpose of refunding the following described 
indebtedness of the Territory of Dakota, to-wit: 

$77,500.00 5-per cent bonds, date May 1st, 1883, issued for 
the construction of the West Wing of the Insane Hospital at 
Yankton and $30,000.00 six per cent bonds dated May 1st, 1883, 
issued for permanent improvements of Dakota Penitentiary at 
Sioux Falls, such refunding bonds, if issued, to run for not more 
than twenty years, and shall be executed by the Governor and 
Treasurer of the Territory, and shall be attested by the Secretary 
under the great seal of the Territory. 

In case such bonds are issued by the Territorial Treasurer 
as hereinbefore set forth, before the first day of October, 1889, 
then upon the admission of South Dakota as a State it shall as- 
sume and pay said bonds in lieu of the aforesaid Territorial in- 
debtedness. 

On motion, 

The resolution was adopted. 

On motion of Mr. Price, 

The further reading of the Journal was dispensed with. 

Mr. Price offered 

The following resolution: 

Resolved, That for the conspicuously able and impartial 
manner in which he has presided over the deliberations of this 
Constitutional Convention and for his uniformly honorable and 
courteous treatment of the members and officers composing it, 



Monday, August 5, 1889. 161 



the Hon. A. J. Edgerton has the sincere thanks of this Conven- 
tion, that the conspicuous part borne by him in securing the ad- 
mission of South Dakota into the Union of States and the invalu- 
able services rendered bv him in framing the fundamental law 
of the new State has inseparably linked his name with the his- 
tory of the new Commonwealth of South Dakota, and as a tes- 
timonial of our regard for him he is hereby presented with the 
gavel which he has weiided with such dignity and fairness dur- 
ing the sessions of this Convention, and we cherish the hope that 
he may live many years to enjoy the rights and privileges of a 
citizen of the new State of South Dakota. 

Mr. Clough moved that the resolution be adopted. 

JVIotion carried bv unanimous rising vote. 

Mr. Hole asked unanimous consent to introduce the follow- 
ing, relative to funding debt clause, to be added to Section 2, Ar- 
ticle XIII : 

Provided, however; the State of South Dakota shall have 
the power to refund the Territorial debt by the State of South 
Dakota assumed, in bonds of the State of South Dakota. 

On motion the above was adopted. 

The following resolution was introduced and on motion 
adopted: 

Resolved, That the thanks of this Convention are hereby 
tendered to Rev. F. A. Burdick, Chief Clerk; Dr. A. W. Hyde, 
Enrolling and Engrossing Clerk; J. A. Wakefield, Chaplain; 
James Carney, Sergeant at Arms; E. C. Warner, Watchman; 
F. Hoppin, Messenger; Col. I. W. Goodner and T. G. Brown, 
Stenographers; and Albert Keith, Charley Walts and Frank 
Clough, Pages, for the faithful and able manner in which they 
have discharged the duties of their respective positions. 

The Constitution was now read by the Clerk by title, and 

Mr. Kellam offered the following: 

Resolved, That the Constitution having been considered and 
acted upon Article by Article, the same be now passed, adopted 
and confirmed as a whole. 

The above resolution was adopted by the following vote: 

Ayes — Anderson, Atkinson, Berdahl, Boucher, Buechler, 
Caldwell, Clough, Coats, Cook, Cooper, Corson, Couchman, 
Craig, Culver, Davies, Dickinson, Diefendorf, Downing, Eddy, 
Edgerton of Yankton, Elliott, Fellows, Fowles, Gifford, God- 
dard, Hall, Harris, Hartley, Hemnger, Hole, Houlton, Huntley, 
Humphrey, Jeffries, Jolley, Kellam, Kimball, Lee, Lvons, Mat- 
son, McFarland, McGillycuddy, Murphy, Neill, O'Brien, Parker, 
Peck, Price, Ramsey, Ringsrud, Scollard, Sherwood, Smith, 



1 62 Journal of the Convention, 



Spooner, Stoddard, Sterling, Stroupe, Thompson, VanBuskirk, 
VanEps, VanTassel, Westcott, Wheeler, Whitlock, Willis, Wil- 
liams, Williamson, Wood of Pennington, Wood of Spink, Young, 
Zitka, Mr. President — (72). 

Noes — 0. 

The roll was then called and each member came forward 
and attached his name to the engrossed Constitution, which reads 
as follows: 

PREAMBLE. 

We, the people of South Dakota, grateful to Almighty God 
for our civil and religious liberties, in order to form a more per- 
fect and independent government, establish justice, insure tran- 
quility, provide for the common defense, promote the general 
welfare and preserve to ourselves and to our posterity the bless- 
ings of liberty, do ordain and establish this Constitution for the 
State of South Dakota. 

ARTICLE I. 

NAME AND BOUNDARY. 

Section i. The name of the state shall be South Dakota. 

Sec. 2. The boundaries of the state of South Dakota shall 
be as follows: Beginning at the point of intersection of the 
western boundary line of the State of Minnesota, with the north- 
ern boundary line of the State of Iowa and running thence 
northerly along the western boundary line of the State of Minne- 
sota, to its intersection with the Seventh standard parallel ; thence 
west on the line of the Seventh standard parallel produced due 
west to its intersection with the twenty-seventh meridian of 
longitude west from Washington; thence south on the twenty- 
seventh meridian of longitude west from Washington to its inter- 
section with the northern boundary line of the State of Ne- 
braska; thence easterly along the northern boundary line of the 
State of Nebraska to its intersection with the western boundary 
line of the State of Iowa; thence northerly along the western 
boundary line of the State of Iowa to its intersection with the 
northern boundary line of the State of Iowa; thence east along 
the northern boundary line of the State of Iowa to the place of 
beginning. 

ARTICLE II. 

DIVISION OF THE POWERS OF GOVERNMENT. 

The powers of the government of the State are divided into 
three distinct departments, — the Legislative, Executive and Judi- 



Monday, August 5, 1889. 163 



rial; and the powers and duties of each are prescribed by this 
Constitution. 

ARTICLE III. 

LEGISLATIVE DEPARTMENT. 

Section i. The legislative power shall be vested in a Leg- 
islature, which shall consist of a Senate and House of Repre- 
sentatives. 

Sec 2. The number of members of the House of Repre- 
sentatives shall not be less than seventy-five nor more than one 
hundred and thirty-five. The number of members of the Senate 
shall not be less than twenty-five nor more than forty-five. 

The sessions of the Legislature shall be biennial except as 
otherwise provided in this Constitution. 

Sec 3. No person shall be eligible to the office of Senator 
who is not a qualified elector in "the district from which he may 
be chosen, and a citizen of the United States, and who shall not 
have attained the age of twenty-five years, and who shall not 
have been a resident of the State or Territory for two years next 
preceding his election. 

No person shall be eligible to the office of representative 
who is not a qualified elector in the district from which he may 
be chosen, and a citizen of the United States, and who shall not 
have been a resident of the State or Territory for two years 
next preceding his election, and who shall not' have attained the 
age of twenty-five years. 

No Judge or Clerk of any court, Secretary of State, Attor- 
ney General, States Attorney, Recorder, Sheriff or Collector of 
Public Moneys, member of either House of Congress, or person 
holding any lucrative office under the United States or this State, 
or any foreign government, shall be a member of the Legisla- 
ture, provided, that appointments in the militia, the offices of 
Notary Public and Justice of the Peace shall not be considered 
lucrative; nor shall any person holding any office of honor or 
profit under any foreign government or under the government 
of the United States, except Post Masters whose annual compen- 
sation does not exceed the sum of three hundred dollars, hold 
any office in either branch of the Legislature or become a 
member thereof. 

Sec 4. No person who has been, or hereafter shall be, 
convicted of bribery, perjury, or other infamous crime, nor any 
person who has been, or may be collector or holder of public 
moneys, who shall not have accounted for and paid over, accord- 



164 Journal of the Convention, 

ing to law, all such moneys due from him, shall be eligible to the 
Legislature or to any office in either branch thereof. 

Sec. 5. The Legislature shall provide by law for the 
enumeration of the inhabitants of the State in the year one thou- 
sand ei^ht hundred and ninety-five and every ten years there- 
after, .and at its first regular session, after each enumeration and 
also after each enumeration made by authority of the United 
States, but at no other time, the Legislature shall apportion the 
Senators and Representatives according to the number of inhab- 
itants, excluding Indians not taxed and soldiers and officers of the 
United States army and navy. Provided, that the Legislature 
may make an apportionment at its first session after the admis- 
sion of South Dakota as a State. 

Sec. 6. The terms of the office of the members of the 
Legislature shall be two years; they shall receive for their serv- 
ices the sum of five dollars for each day's attendance during the 
session of the Legislature, and ten cents for every mile of nec- 
essary travel in going to and returning from the place of meeting 
of the Legislature on the most usual route. 

Each regular session of the Legislature shall not exceed 
sixty days, except in cases of impeachment, and members of the 
Legislature shall receive no othtr pay or perquisites except per 
diem and mileage. 

Sec 7. The Legislature shall meet at the seat of govern- 
ment on the first Tuesday after the first Monday of January at 
12 o'clock m. in the year next ensuing the election of members 
thereof, and at no other time except as provided by this Consti- 
tution. 

Sec. 8. Members of the Legislature and officers thereof, 
before they enter upon their official duties, shall take and sub- 
scribe the following oath or affirmation : I do solemnly swear 
(or affirm) that I .will support the Constitution of the United 
States and the Constitution of the State of South Dakota, and 
will faithfully discharge the duties of (Senator, Representative 
or officer) according to the best of my abilities, and that I have 
not knowingly or intentionally paid or contributed anything, or 
made any promise in the nature of a bribe, to directly or indi- 
rectly influence any vote at the election at which I'was chosen to 
fill said office, and have not accepted, nor will I accept or receive 
directly or indirectly, any money, pass, or any other valuable 
thing, from any corporation, company or person, for any vote or 
influence I may give or withhold on any bill or resolution, or 
appropriation, or for any other official act. 

This oath shall be administered by a Judge of the Supreme 



Monday, August 5, 1889. 165 

or Circuit Court, or the Presiding officer of either House, in the 
hall of the house to which the member or officer is elected, and 
the Secretary of State shall record and tile the oath subscribed 
by each member and officer. 

Any member or officer of the Legislature who shall refuse 
to take the oath herein prescribed shall forfeit his office. 

Any member or officer of the Legislature who shall be con- 
victed of having sworn falsely to, or violated his said oath, shall 
forfeit his office and be disqualified thereafter from holding the 
office of Senator or member of the House of Representatives or 
any office within the gift of the Legislature. 

Sec. 9. Each house shall be the judge of the election re- 
turns and qualifications of its own members. 

A majority of the members of each house shall constitute a 
quorum, but a smaller number may adjourn from day to day, and 
may compel the attendance of absent members in such a manner 
and under such penalty as each house may provide. 

Each house shall determine the rules of its proceedings, 
shall choose its own officers and employes and tix the pay there- 
of, except as otherwise provided in this Constitution. 

Sec. 10. The Governor shall issue writs of election to fill 
such vacancies as may occur in either house of the Legislature. 

Sec. 11. Senators and Representatives shall, in all cases 
except treason, felony or breach of the peace, be privileged from 
arrest during the session of the Legislature, and in going to and 
returning from the same; and for words used in any speech or 
debate in either house, they shall not be questioned in any other 
place. 

Sec 12. No member of the Legislature shall, during the 
term for which he was elected, be appointed or elected to any 
civil office in the State which shall have been created or the 
emoluments of which shall have been increased during the term for 
which he was elected, nor shall any member receive any civil 
appointment .from the Governor, the Governor and Senate, or 
from the Legislature during the term for which he shall have 
been elected, and all such appointments and all votes given for 
any such members for any such office or appointment shall be 
void; nor shall any member of the Legislature during the term 
for which he shall have been elected, or within one year there- 
after, be interested, directly or indirectly, in any contract with 
the State or any county thereof, authorized by any law passed 
during the term for which he shall have been elected. 

Sec 13. Each house shall keep a journal of its proceed- 
ings and publish the same from time to time, except such parts 



1 66 Journal of the Convention, 

as require secrecy, and the yeas and nays of members on any 
question shall be taken at the desire of one-sixth of those present 
and entered upon the Journal. 

Sec. 14. In all elections to be made by Legislature the 
members thereof shall vote viva voce and their votes shall be 
entered in the Journal. 

Sec. 15. The sessions of each House and of the commit- 
tee of the whole shall be open, unless when the business is such 
as ought to be kept secret. 

Sec 16. Neither House shall, without the consent of the 
other, adjourn for more than three days, nor to any other place 
than that in which the two houses shall be sitting. 

Sec. 17. Every bill shall be read three several times but 
the first and second reading may be on the same day, and the 
second reading may be by title of the bill, unless the reading at 
length be demanded. The first and third readings shall be at 
length. 

Sec 18. The enacting clause of a law shall be: "Beit 
enacted by the Legislature of the State of South Dakota" and 
no law shall be passed unless by assent by a majority of all the 
members elected to each house of the Legislature. And the 
question upon the final passage shall be taken upon its last read- 
ing, and the yeas and nays shall be entered upon the journal. 

Sec 19. The presiding officer of each house shall, in the 
presence of the house over which he presides, sign all bills and 
joint resolutions passed by the Legislature, after their titles have 
been publicly read immediately before signing, and the fact of 
signing, shall be entered upon the Journal. 

Sec 20. Any bill may originate in either house of the 
Legislature, and a bill passed by one house may be amended in 
the other. 

Sec 21. No law shall embrace more than one subject 
which shall be expressed in its title. 

Sec 22. No act shall take effect until ninety da}^s after the 
adjournment of the session at which it passed, unless in case of 
emergency, (to be expressed in the preamble or body of the act) 
the Legislature shall by a vote of two-thirds of all the members 
elected of each house, otherwise direct. 

Sec 23. The Legislature is prohibited from enacting any 
private or specials laws in the following cases : 

1. Granting divorces. 

2. Changing the names of persons or places, or constitut- 
ing one person the heir at law of another. 



Monday, August 5, 1 



167 



3. Locating or changing county seats. 

4. Regulating county and township affairs. 

5. Incorporating cities, towns and villages or changing or 
amending the charter of any town, city or village, or laying out, 
opening, vacating or altering town plats, streets, wards, alleys 
and public ground. 

6. Providing for sale or mortgage of real estate belonging 
to minors or others under disability. 

7. Authorizing persons to keep ferries across streams 
wholly within the State. 

8. Remitting fines, penalties, or forfeitures. 

9. Granting to an individual, association or corporation 
any special or exclusive privilege, immunity or franchise what- 
ever. 

10. Providing for the management of common schools. 

11. Creating, increasing or decreasing fees, percentages or 
allowances of public officers during the term for which said 
officers are elected or appointed. 

But the Legislature may repeal any existing special law re- 
lating to the foregoing sub-divisions. 

In all other cases where a general law can be applicable no 
special law shall be enacted. 

Sec. 24. The Legislature shall have no power to release 
or extinguish, in whole or in part, the indebtedness, liability or 
obligation of any corporation or individual to this State or to any 
municipal corporation therein. 

Sec. 25. The Legislature shall not authorize any game of 
chance, lottery or gift enterprise, under any pretense or for any 
purpose whatever. 

Sec. 26. The Legislature shall not delegate to any special 
commission, private corporation, or association, any power to 
make, supervise or interfere with any municipal improvement, 
money, property, effects, whether held in trust or otherwise, or 
levy taxes, or to select a capital site, or to perform any municipal 
functions whatever. 

Sec. 27. The Legislature shall direct by law in what man- 
ner and in what courts suits may be brought against the State. 

Sec 28. Any person who shall give, demand, offer, di- 
rectly or indirectly, any money, testimonial, privilege or personal 
advantage, thing of value to any executive or judicial officer or 
member of the Legislature, to influence him in the performance 
of any of his official or public duties, shall be guilty of bribery 
and shall be punished in such manner as shall be provided by 
law. 



1 68 Journal of the Convention, 

The offense of corrupt solicitation of members of the Legis- 
lature, or of public officers of the State, or any municipal division 
thereof, and any effort toward solicitation of said members of the 
Legislature or officers to influence their official action shall be 
defined by law, and shall be punishable by fine and imprison- 
ment. 

Any person may be compelled to testify in investigation or 
judicial proceedings against any person charged with having 
committed any offence of bribery or corrupt solicitation and shall 
not be permitted to withold his testimony upon the ground that 
it may criminate himself, but said testimony shall not afterwards 
be used against him in any judicial proceeding except for bribery 
in giving such testimony, and any person convicted of either of 
the offences aforesaid, shall be disqualified from holding any 
office or position or office of trust or profit in this State. 

ARTICLE IV. 

EXECUTIVE DEPARTMENT. 

Section i. The executive power shall be vested in a 
Governor who shall hold his office two years, A Lieutenant 
Governor — shall be elected at the same time and for the same 
term. 

Sec. 2. ]STo person shall be eligible to the office of Gover- 
nor or Lieutenant Governor except a citizen of the United 
States and a qualified elector of the State, who shall have at- 
tained the age of 30 years, and who shall have resided two years 
next preceding the election within the State or Territory; nor 
shall he be eligible to any other office during the term for which 
he shall have been elected. 

Sec 3. The Governor and Lieutenant Governor shall be 
elected by the qualified electors of the State at the time and 
places of choosing members of the Legislature. The persons 
respectively having the highest number of votes for Governor 
and Lieutenant Governor shall be elected; but if two or more 
shall have an equal and highest number of votes for Governor 
or Lieutenant Governor, the two houses of the Legislature at its 
next regular session shall forthwith, by joint ballot, choose one of 
such persons for said office. The returns of the election for 
Governor and Lieutenant Governor shall be made in such man- 
ner as shall be prescribed by law. 

Sec 4. The Governor shall be Commander-in-Chief of the 
military and naval forces of the State, except when they shall be 
called into the service of the United States, and may call out the 



Monday, August .5, 1889. x ^9 

same to execute laws, suppress insurrection and repel invasion. 
He shall have power to convene the Legislature on extraordi- 
nary occasions. He shall, at the commencement of each session, 
communicate to the Legislature by message, information of the 
condition of the State, and shall recommend such measures as 
he shall deem expedient. He shall transact all necessary busi- 
ness with the officers of the government, civil and military. He 
shall expedite all such measures as may be resolved upon by the 
Legislature, and shall take care that the laws be faithfully exe- 
cuted. 

Sec. 5. The Governor shall have the power to remit fines 
and forfeitures, to grant reprieves, commutations and pardons 
after conviction, for all offenses except treason and cases of im- 
peachment; provided, that in all cases where the- sentence of the 
court is capital punishment, imprisonment for life, or for a longer 
term than two years, or a fine exceeding two hundred dollars, no 
pardon shall be granted, sentence commuted or fine remitted, 
except upon the recommendation in writing of a Board of Par- 
dons consisting of the presiding Judge, Secretary of State and 
Attorney General, after full hearing in open session, and such 
recommendation, with the reasons therefor shall be filed in the 
office of the Secretary of State, but the Legislature may by law 
in all cases regulate the manner in which the remission of fines, 
pardons, commutations and reprieves, may be applied for. Upon 
conviction for treason he shall have the power to suspend the 
execution of the sentence until the pay shall be reported to the 
Legislature at its next regular session when the Legislature shall 
either pardon or commute the sentence, direct the execution of 
the sentence or grant a further reprieve. He shall communicate 
to the Legislature at each regular session each case of remission 
of fine, reprieve, commutation or pardon, granted by him in the 
cases in which he is authorized to act without the recommenda- 
tion of the said Board of Pardons, stating the name of the convict, 
the crime of which he is convicted, the sentence and its date, and 
the date of the remission, commutation, pardon or reprieve, with 
his reasons for granting the same. 

Sec. 6. In case of death, impeachment, resignation, failure 
to qualify, absence from the State, removal from office, or other 
disability of the Governor the powers and duties of the office for 
the residue of the term, or until he shall be acquitted, or the dis- 
ability removed, shall devolve upon the Lieutenant Governor. 

Sec. 7. The Lieutenant Governor shall be President of the 
Senate, but shall have only a casting vote therein. If during 
a vacancy in the office of Governor the Lieutenant Governor 



170 Journal of the Convention, 

shall be impeached, displaced, resign or die, or from mental or 
physical disease or otherwise become incapable of performing 
the duties of his office, the Secretary of State shall act as Gov- 
ernor until the vacancy shall be filled or the disability removed. 

Sec. 8. When any office shall, from any cause, become 
vacant and no mode is provided by the Constitution or law for 
filling such vacancy, the Governor shall have the powe& to fill 
such vacancy by appointment. 

Sec. 9. Every bill which shall have passed the Legisla- 
ture, shall, before it becomes a law, be presented to the Gover- 
nor. If he approve, he shall sign it, but if not, he shall return 
it with the objection to the house in which it originated, which 
shall enter the objection at large upon the Journal and proceed 
to reconsider it. If after such reconsideration, two-thirds of the 
members present shall agree to pass the bill, it shall be sent, 
together with the objection, to the other house, by which it shall 
likewise be reconsidered, and if it be approved by two-thirds of 
the members present, it shall become a law ; but in all such cases 
the vote of both houses shall be determined by the yeas and 
nays, and the names of the members voting for and against the 
bill shall be entered upon the Journal of each House respectively. 
If any bill shall be returned by the Governor within three days 
(Sunday excepted) after it shall have been presented to him, the 
same shall be a law, unless the Legislature shall by its adjourn- 
ment prevent its return, in which case it shall be filed, with his 
objection, in the office of the Secretary of State, within ten days 
after such adjournment or become a law. 

Sec. 10. The Governor shall have power to disapprove of 
any item or items of any bill making appropriations of money 
embracing distinct items, and the part and parts of the bill ap- 
proved shall be law, and the item or items disapproved shall be 
void, unless enacted in the following manner: If the Legisla- 
ture be in session he shall transmit to the house in which the bill 
originated a copy of the item or items thereof disapproved, 
together with his objections thereto, and the items objected to 
shall be separately reconsidered, and each item shall then take 
the same course as is prescribed for the passage of bills over the 
executive veto. 

Sec 11. Any Governor of this State who asks, receives, 
or agrees to receive any bribe upon any understanding that his 
official opinion, judgment or action shall be influenced thereby, 
or who gives, or offers, or promises his official influence in con- 
sideration that any member of the Legislature shall give his offi- 



Monday, August 5, 1889. 171 

cial vote or influence on any particular side of any question or 
matter on which he may be required to act in his official capac- 
ity, or who menaces any member by the threatened use of his 
veto power or who offers or promises any member that he, the 
said Governor will appoint any particular person or persons to 
any office created or thereafter to be created in consideration 
that any member shall give his official vote or influence on any 
matter pending or thereafter to be introduced into either house 
of the Legislature or who threatens any member that he, the 
said Governor will remove any person or persons from any office 
or position with intent to in any manner influence the official ac- 
tion of said member, shall be punished in the manner now, or that 
may hereafter be provided by law, and upon conviction thereon 
shall forfeit all right to hold or exercise any office of trust or 
honor in this State. 

Sec. 12. There shall be chosen by the qualified electors of 
the State at the time and places of choosing members of the 
Legislature, a Secretary of State, Auditor, Treasurer, Superin- 
tendent of Public Instruction, Commissioner of Schools and Pub- 
lic Lands, and an Attorney General, who shall severally hold 
their offices for the term of two years, but no person shall be 
eligible to the office of Treasurer for more than two terms con- 
secutively. They shall respectively keep their offices at the seat 
of government. 

Sec. 13. The powers and duties of the Secretary of State? 
Auditor, Treasurer, Superintendent of Public Instruction, Com- 
missioner of School and Public Lands and Attorney General 
shall be as prescribed by law. 

ARTICLE V. 

JUDICIAL DEPARTMENT. 

Section i. The judicial powers of the State, except as in 
this Constitution otherwise provided, shall be vested in a 
Supreme Court, Circuit Courts, County Courts, and Justices of 
the Peace, and such other courts as may be created by law for 
cities and incorporated towns. 

Sec 2. The Supreme Court, except as otherwise provided 
in this Constitution, shall have appellate jurisdiction only, which 
shall be co-extensive with the State, and shall have a general 
superintending control over all inferior courts under such regu- 
lations and limitations as may be prescribed by law. 

Sec 3. The Supreme Court and the Judges thereof shall 
have power to issue writs of habeas corpus. The Supreme 



1 72 JOURNAL OK THE CONVENTION, 

Court shall also have power to issue writs of mandamus, quo 
warranto, certiorari, injunction and other original and remedial 
writs, with authority to hear and determine the same in such 
cases and under such regulations as may be prescribed by law; 
provided, however, that no jury trials shall be allowed in said 
Supreme Court, but, in proper cases, questions of fact may be 
sent by said court to a circuit court for trial before a jury. 

Sec. 4. At least two terms of the Supreme Court shall be 
held each year at the seat of government. 

Sec. 5. The Supreme Court shall consist of three Judges, 
to be chosen from districts by qualified electors of the State at 
large, as hereinafter provided. 

Sec. 6. The number of said Judges and districts may after 
five years from the admission of this State under this Constitu- 
tion, be increased by law to not exceeding five. 

Sec 7. A majority of the Judges* of the Supreme Court 
shall be necessary to form a quorum or to pronounce a decision, 
but one or more of said Judges may adjourn the Court from day 
to day, or to a day certain. 

Sec 8. The term of the Judges of the Supreme Court, 
who shall be elected at the first election under this Constitution 
shall be four years. At all subsequent elections the term of said 
judges shall be six years. 

Sec 9. The judges of the Supreme Court shall by rule 
select from their number a presiding judge, who shall act as 
such for the term prescribed by such rule. 

Sec 10. No person shall be eligible to the office of judge 
of the Supreme Court unless he be learned in the law, be at 
least thirty years of age, a citizen of the United States, nor unless 
he shall have resided in this State or Territory at least two years 
next preceding his election and at the time of his election be a 
resident of the district from which he is elected; but for the pur- 
pose of re-election, no such judge shall be deemed to have lost 
his residence in the district by reason of his removal to the seat 
of government in the discharge of his official duties. 

Sec 11. Until otherwise provided by law, the districts 
from which the said judges of the Supreme Court shall be elect- 
ed shall be constituted as follows: 

First District, — All that portion of the State lying west of 
the Missouri river. 

Second District, — All that portion of the State lying east of 
the Missouri river and south of the second standard parallel. 



Monday, August 5, 1889. 173 

Third District, — All that portion of the State lying" east of 
the Missouri river and north of the second standard parallel. 

Sec. 12. There shall be a Clerk and also a Reporter of 
the Supreme Court, who shall be appointed by the Judges there- 
of and who shall hold office during the pleasure of such judges, 
and whose duties and emoluments shall be prescribed by law, 
and by the rules of the Supreme Conrt not inconsistent with law. 
The Legislature shall make provisions for the publication and 
distribution of the decisions of the Supreme Court, and for the 
sale of the published volumes thereof. No private person or 
corporation shall be allowed to secure any copyright to such 
decisions, but if any copyrights are secured they shall inure 
wholly to the benefit ot the State. 

Sec. 13. The Governor shall have authority to require the 
opinions of the Judges of the- Supreme Court upon important 
questions of law involved in the exercise of his executive powers 
and upon solemn occasions. 

CIRCUIT COURTS. 

Sec 14. The Circuit Courts shall have original jurisdic- 
tion of all actions and causes, both at law and in equity, and such 
appellate jurisdiction as may be conferred by law and consistent 
with this Constitution; such jurisdiction as to value and amount 
and grade of offence may be limited by law. They and the 
judges thereof shall also have jurisdiction and power to issue 
writs of habeas corpus, mandamus, quo warranto, certiorari, in- 
junction and other original and remedial writs, with authority to 
hear and determine the same. 

Sec 15. The State shall be divided into Judicial Circuits, 
in each of which there shall be elected by the electors thereof 
one judge of the Circuit Court therein, whose term of office 
shall be four years. 

Sec 16. Until otherwise ordered by law, said circuits 
shall be eight in number and constituted as follows viz: 

First Circuit, — The counties of Union, Clay, Yankton, 
Turner, Bon Homme, Hutchinson, Charles Mix, Douglas, Todd, 
Gregory, Tripp and Meyer. 

Second Circuit, — The counties of Lincoln, Minnehaha, Mc- 
Cook, Moody and Lake. 

Third Circuit, — The counties of Brookings, Kingsbury, 
Deuel, Hamlin, Codington, Clark, Grant, Roberts, Day and the 
Wahpeton and Sisseton reservation, except such portion of said 
reservation as lies in Marshall county. 



1 74 Journal of the Convention, 



Fourth Circuit, — The counties of Sanborn, Davison, Aurora, 
Brule, Buffalo, Jerauld, Hanson, Miner, Lyman, Presho and 
Pratt. 

Fifth Circuit, — The counties of Beadle, Spink, Brown and 
Marshall. 

Sixth Circuit, — The counties of Hand, Hyde, Hughes, Sully, 
Stanley, Potter, Faulk, Edmonds, Walworth, Campbell, Mc- 
Pherson, and all that portion of said State lying east of the Mis- 
souri River and not included in any other Judicial Circuit. 

Seventh Circuit, — The counties of Pennington, Custer, Fall 
River, Shannon, Washington, Ziebach, Sterling, Nowlin, Jack- 
son, Washabaugh and Lugenbeel. 

Eighth Circuit, — The counties of Lawrence, Meade, Sco- 
bey, Butte, Delano, Pyatt, Dewey, Boreman, Schnasse, Rinehart, 
Martin, Choteau, Ewing, Harding, and all that portion of said 
State west of the Missouri River and north of the Bjg Cheyenne 
River and the north fork of the Cheyenne River not included in 
any other Judicial Circuit. 

Sec. 17. The Legislature may, whenever two-thirds of 
the members of each House shall concur therein, increase the 
number of Judicial Circuits and the judges thereof, and divide the 
State into judicial circuits accordingly, taking care that they be 
formed of compact territory and be bounded by county lines; 
but such increase of number or change in the boundaries of dis- 
tricts shall not work the removal of any judge from his office 
during the term for which he shall have been elected or ap- 
pointed. 

Sec. 18. Writs of error and appeals may be allowed from 
the decisions of the Circuit Courts to the Supreme Court under 
such regulations as may be prescribed by law. 

COUNTY COURTS. 

Sec 19. There shall be elected in each organized county 
a County Judge who shall be Judge of the County Court of said 
county whose term of office shall be two years until otherwise 
provided by law. 

Sec 20. County courts shall be courts of record and shall 
have original jurisdiction in all matters of probate guardianship, 
and settlement of estates of deceased persons, and such other 
civil and criminal jurisdiction as may be conferred by law r ; pro- 
vided, that such courts shall not have jurisdiction in any case 
where the debt, damage, claim or value of property involved 
shall exceed one thousand dollars, except in matters of probate, 
guardianship and the estates of deceased persons. Writs of error 



Monday, August 5, 1889. x 75 

and appeal may be allowed from county to circuit courts, or to 
the Supreme Court in such cases and in such manner as may be 
prescribed by law; provided, that no appeal or writ of error shall 
be allowed to the circuit court from any judgment rendered upon 
an appeal from a Justice of the Peace or police magistrate for 
cities or towns. 

Sec. 21. The county court shall not have jurisdiction in 
cases of felony, nor shall criminal cases therein be prosecuted by 
indictment; but they may have such jurisdiction in criminal mat- 
ters, not of the grade of felony, as the Legislature may pre- 
scribe, and the prosecutions 4 therein may be by information or 
otherwise as the Legislature may provide. 

JUSTICE OF THE PEACE. 

Sec 22. Justices of the Peace shall have such jurisdiction 
as may be conferred by law but they shall not have jurisdiction 
of any cause wherein the value of the property or the amount in 
controversy exceeds the sum of one hundred dollars, or where 
the boundaries or title to real property shall be called in question. 

POLICE MAGISTRATE. 

Sec 23. The Legislature shall have power to provide for 
creating such police magistrate for cities and towns as may be 
deemed from time to time necessary, who shall have jurisdiction 
of all cases arising under the ordinances of such cities and towns 
respectively and such police magistrates may also be constituted 
ex-officio Justices of the Peace for their respective counties. 

STATES ATTORNEY. 

Sec 24. The Legislature shall have power to provide for 
State's Attorneys and to prescribe their duties and fix their com- 
pensation ; but no person shall be eligible to the office of Attor- 
ney General or State's Attorney who shall not at the time of his 
election be at least twenty-five years of age and possess all the 
other qualifications for Judges of Circuit Courts as prescribed in 
this article. 

MISCELLANEOUS. 

Sec 25. No person shall be eligible to the office of Judge 
of the Circuit or County Courts, unless he be learned in the law, 
be at least twenty-five years of age, and a citizen of the United 
States; nor unless he shall have resided in this State or Territory 
at least one year next preceding his election, and at the time of 
his election be a resident of the county or circuit, as the case may 
be, for which he is elected. 



176 Journal of the Convention, 



Sec. 26. The Judges of the Supreme Court, circuit courts 
and county courts shall be chosen at the first election held under 
the provisions of this Constitution, and thereafter as provided by 
law, and the Legislature may provide for the election of such 
officers on a different day from that on which an election is held 
for any other purpose, and may for the purpose of making such 
provision, extend or abridge the term of office for any of such 
judges then holding, but not in any case more than six months. 
The term of office of all judges of circuit courts, elected in the 
several judicial circuits throughout the State, shall expire on the 
same day. 

Sec. 27. The time of holding courts within said judicial 
circuits and counties shall be as provided by law; but at least 
one term of the circuit court shall be held annually in each organ- 
ized county and the Legislature shall make provision for attach- 
ing unorganized counties or territory to organized counties for 
judicial purposes. 

Sec 28. Special terms of said courts may be held under 
such regulations as may be provided by law. 

Sec 29. The judges of the circuit courts may hold courts 
in other circuits than their own, under such regulation as may 
be prescribed by law. 

Sec 30. The judges of the Supreme Court, Circuit Courts 
and County Courts shall each receive such salary as may be pro- 
vided b}'' law, consistent with this Constitution, and no such judge 
shall receive any compensation, perquisite or emoluments for or 
on account of his office in any form whatever, except such salary; 
provided, that County Judges may accept and receive such fees 
as may be allowed under the Land Laws of the United States. 

Sec 31. No Judge of the Supreme Court or Circuits shall 
act as Attorney or Counselor-at-law,nor shall any County Judge 
act as an Attorney or Counselor-at-law in any case which is or 
may be brought into his court or which may be appealed there- 
from. 

Sec 32. There shall be a Clerk of the Eircuit Court in each 
organized county who shall also be Clerk of the County Court, 
and who shall be elected by the qualified electors of such county. 
The duties and compensation of said Clerk shall be as provided 
by law and regulated by the rules of the Court consistent with 
the provisions of law. 

Sec 33. Until the Legislature shall provide by law for 
fixing the terms of courts, the Judges of the Supreme, Circuit and 
County Courts respectively shall fix the terms thereof. 



Monday, August 5, 1889. 177 

Sec. 34. All laws relating to Courts shall be general and of 
uniform operation throughout the State, and the organization, 
jurisdiction, power, proceedings and practice of all the courts of 
the same class or grade, so far as regulated by law, and the force 
and effect of the proceedings, judgments and decrees of such 
courts severally shall be uniform; provided, however, that the 
Legislature may classify the County Courts according co the pop- 
ulation of the respective counties and fix the jurisdiction and sal- 
ary of the judges thereof accordingly. 

Sec 35. No judge of the Supreme or Circuit Courts shall 
be elected to any other than a judicial office, or be eligible there- 
to, during the term for which he was elected such Judge. All 
votes for either of them during such terms for any elective office, 
except that of Judge of the Supreme Court, Circuit Court or 
County Court given by the Legislature or the people, shall be 
void. 

Sec 36. All judges or other officers of the Supreme, Cir- 
cuit or County Courts provided for in this article shall hold their 
offices until their successors respectively are elected or appointed 
and qualified. 

Sec 37. All officers provided for in this article shall re- 
spectively reside in the district, county, precinct, city or town for 
which they may be elected or appointed. Vacancies in the elec- 
tion of offices provided for in this article shall be filled by ap- 
pointment until the next general election as follows : All judges 
of the Supreme, Circuit and Count}' courts by the Governor. All 
other judicial and other officers of the County Board of the coun- 
ties where the vacancy occurs, in cases of police magistrates, by 
the municipality. 

Sec 38. All process shall run in the name of the " State of 
South Dakota. " All prosecutions shall be carried on in the 
name of and by authority of the "State of South Dakota." 

ARTICLE VI. 

BILL OF RIGHTS. 

Section i. All men are born equally free and independ- 
ent, and have certain inherent rights, among which are those of 
enjoying and defending life and liberty, of acquiring and protect- 
ing property and the pursuit of happiness. To secure these 
rights governments are instituted among men, deriving their just 
powers from the consent of the governed. 

Sec 2. No person shall be deprived of life, liberty or 
property without due process of law. 



178 Journal of the Convention, 

Sec. 3. The right to worship God according to the dic- 
tates of conscience shall never be infringed. No person shall be 
denied any civil or political right, privilege or position on account 
of his religious opinions; but the liberty of conscience hereby se- 
cured shall not be so construed as to excuse licentiousness, the 
invasion of the rights of others, or justify practices inconsistent 
with the peace or safety of the State. 

No person shall be compelled to attend or support any min- 
istry or place of worship against his consent, nor shall any prefer- 
ence be given by law to any religious establishment or mode of 
worship. No money or property of the State shall be given or 
appropriated for the benefit of any sectarian or religious society 
or institution. 

Sec 4. The right of petition, and of the people peaceably 
to assemble to consult for the common good and make known 
their opinions, shall never be abridged. 

Sec. 5. Every person may freely speak write and publish 
on all subjects, being responsible for the abuse of that right. In 
all trials for libel, both civil and criminal, the truth, when pub- 
lished with good motives and for justifiable ends, shall be a suffi- 
cient defense. The jury shall have the right to determine the 
facts and the law under the direction of the court. 

Sec 6. The right of trial by jury shall remain inviolate 
and shall extend to all cases at law without regard to the amount 
in controversy, but the Legislature may provide for a jury of 
less than twelve in any court not a court of record and for the 
decision of civil cases by three-fourths of the jury in any court. 

Sec 7- ^ n all criminal prosecutions the accused shall have 
the right to defend in person and by counsel; to demand the na- 
ture and cause of the accusation against him; to have a copy 
thereof; to meet the witnesses against him face to face; to have 
compulsory process served for obtaining witnesses in his behalf 
and to a speedy public trial by an impartial jury of the county or 
district in which the offense is alleged to have been committed. 

Sec 8. All persons shall be bailable by sufficient sureties, 
except for capital offenses when proof is evident or presumption 
great. The privilege of the writ of habeas corpus shall not be 
suspended unless, when in case of rebellion or invasion, the pub- 
lic safety may require it. 

Sec 9. No person shall be compelled in any criminal case 
to give evidence against himself or be twice put in jeopardy for 
the same offense. 

Sec. 10. No person shall be held for a criminal offense 



Monday, August 5, 1889. 179 

unless on the presentment or indictment of the grand jury, or in- 
formation of the public prosecutor, except in cases of impeach- 
ment, in cases cognizable by county courts, by justices of the 
peace, and in cases arising in the army and navy, or in the militia 
when in actual service in time of war or public danger; provided, 
that the grand jury may be modified or abolished by law. 

Sec. 11. The right of the. people to be secure in their per- 
sons, houses, papers and effects, against unreasonable searches 
and seizures shall not be violated, and no warrant shall issue but 
upon probab]e cause supported by affidavit, particularly describ- 
ing the place to be searched and the person or things to be 
seized. 

Sec. 12. No ex post facto law, or law impairing the obli- 
gation of contracts or making any irrevocable grant of privilege, 
franchise or immunity, shall be passed. 

Sec. 13. Private property shall not be taken for public 
use, or damaged, without just compensation as determined by a 
jury, which shall be paid as soon as it can be ascertained and be- 
fore possession is taken. No benefit which may accrue to the 
owner as the result of an improvement made by any private cor- 
poration shall be considered in fixing the compensation for prop- 
erty taken or damaged. The fee of land taken for railroad tracks 
or other highway shall remain in such owners, subject to the use 
for which it is taken. 

Sec 14. No distinction shall ever be made by law between 
resident aliens and citizens in reference to the possession, enjoy- 
ment or descent of property. 

Sec 15. No person shall be imprisoned for debt arising 
out of or founded upon a contract. 

Sec 16. The military shall be in strict subordination to 
the civil power. No soldier in time of peace shall be quartered 
in any house without consent of the owner, nor in time of war 
except in the manner prescribed by law. 

Sec 17. No tax or duty shall be imposed without the con- 
sent of the people or their representatives in the Legislature, 
and all taxation shall be equal and uniform. 

Sec 18. No law shall be passed granting to any citizen, 
class of citizens or corporation, privileges or immunities which 
upon the same terms shall not equally belong to all citizens or 
corporations. 

Sec 19. Elections shall be free and equal, and no power, 
civil or military, shall at any time interfere to prevent the free 
exercise of the right of suffrage. Soldiers in time of war may 



180 Journal of the Convention, 

vote at their post of duty in or out of the state under regulations 
to be prescribed by the Legislature. 

Sec. 20. All courts shall be opened, and every n*an for an 
injury done him in his property, person or reputation, shall have 
remedy by due course of law, and right and justice, administered 
without denial or delay. 

Sec. 21. No power of suspending laws shall be excercised, 
unless by the Legislature or its authority. 

Sec 22. No person shall be attainted of treason or felony 
by the Legislature. 

Sec 23. Excessive bail shall not be required, excessive 
fines imposed, nor cruel punishments inflicted. 

Sec 24. The right of the citizens to bear arms in defense 
of themselves and the state shall not be denied. 

Sec 25. Treason against the State shall consist only in 
levying war against it, or in adhering to its enemies or in giving 
them aid and comfort. No person shall be convicted of treason 
unless on the testimony of two witnesses to the same overt act 
or confession in open court. 

Sec 26. All political power is inherent in the people and 
all free government is founded on their authority and is instituted 
for their eqnal protection and benefit, and they have the right in 
lawful and constituted methods to alter or reform their forms of 
government in such manner as they may think proper. And the 
State of South Dakota is an inseparable part of the American 
union, and the Constitution of the United States is the supreme 
law of the land. 

Sec 27. The blessings of a free government can only be 
maintained by a firm adherence to justice, moderation temper- 
ance, frugality and virtue, and by frequent recurrence to funda- 
mental principles. 

ARTICLE VII. 

ELECTIONS AND RIGHT OF SUFFRAGE. 

Section i. Every male person resident of this State who 
shall be of the age of twenty-one years and upwards, not other- 
wise disqualified, belonging to either of the following classes, 
who shall be a qualified elector under the laws of the Territory 
of Dakota at the date of the ratification of this Constitution by 
the people, or who shall have resided in the United States one 
year, in this State six months, in the county thirty days, and in 
the election precinct where he offers his vote ten days next pre- 



Monday, August 5, 1889. 181 

ceeding any election, shall be deemed a qualified elector at such 
election : 

First. Citizens of the United States. 

Second. Persons of foreign birth who shall have declared 
their intention to become citizens conformably to the laws of the 
United States upon the subject of naturalization. 

Sec. 2. The Legislature shall at its first session after the 
admission of the State into the Union subject to a vote of the 
electors of the State the following question to be voted upon at 
the next general election held thereafter, namely: Shall the 
word * male ' be stricken from the article of the Constitution re- 
lating to elections and the right of suffrage." If a majority of 
the votes cast upon that question are in favor of striking out said 
word " male," it shall be stricken out and there shall thereafter 
be no distinction between males and females in the exercise of 
the right of suffrage at any election in this State. 

Sec. 3. All votes shall be by ballot, but the Legislature 
may provide for numbering ballots for the purpose of preventing 
and detecting fraud. 

Sec 4. All general elections shall be biennial. 

Sec 5. Electors shall in all cases except treason, felony 
or breach of the peace be privileged from arrest during their at- 
tendance at election and in going to and returning from the same. 
And no elector shall be obliged to do military duty on the days 
of elections, except in time of war or public danger. 

Sec 6. No elector shall be deemed to have lost his resi- 
dence in this State by reason of his absence on business of the 
United States or of this State, or in the military or naval service 
of the United States. 

Sec 7« No soldier, seaman or marine in the army or navy 
of the United States shall be deemed a resident of this State in 
consequence of being stationed therein. 

Sec 8. No person under guardianship, non compos men- 
tis or insane, shall be qualified to vote at any election, nor shall 
any person convicted of treason or felony be qualified to vote at 
any election unless restored to civil rights. 

Sec 9. Any woman having the qualifications enumerated 
in section 1 of this article, as to age, residence and citizenship, 
and including those now qualified by the laws of the Territory, 
may vote at any election held solely for school purposes and may 
hold any office in this State, except as otherwise provided in this 
Constitution. 



182 



Journal of the Convention, 



ARTICLE VIII. 



EDUCATION AND SCHOOL LANDS. 

Section i. The stability of a republican form of govern- 
ment depending on the morality and intelligence of the people, it 
shall be the duty of the Legislature to establish and maintain a 
general and uniform system of public schools wherein tuition 
shall be without charge, and equally open to all, and to adopt all 
suitable means to secure to the people the advantages and oppor- 
tunities of education. 

Sec 2. All proceeds of the sale of public lands that have 
heretofore been or may hereafter be given by the United States 
for the use of public schools in the State; all such per centum as 
may be granted by the United States on the sales of public lands; 
the proceeds of all property that shall fall to the State by escheat; 
the proceeds of all gifts or donations to the State for public 
schools or not otherwise appropriated by the terms of the gift; 
and all property otherwise acquired for public schools, shall be 
and remain a perpetual fund for the maintenance of public 
schools in the State. It shall be deemed a trust fund held by the 
State. The principal shall forever remain inviolate, and may be 
increased, but shall never be diminished, and the State shall 
make good all losses thereof which may in any manner occur. 

Sec. 3. The interest and income of this fund, together with 
the net proceeds of all fines for violation of state laws and all 
other sums which may be added thereto by law, shall be faith- 
fully used and applied each year for the benefit of the public 
schools of the State, and shall be for this purpose apportioned 
among and between all the several public school corporations of 
the State in proportion to the number of children in each, ot 
school age, as may be fixed by law; and no part of the fund, 
either principal or interest, shall ever be diverted, even tempo- 
rarily, from this purpose or used for any other purpose whatever 
than the maintenance of public schools for the equal benefit of 
all the people of the State. 

Sec 4. After one year from the assembling of the first 
Legislature, the lands granted to the State by the United States 
for the use of public schools may be sold upon the following con- 
ditions and no other; Not more than one third of all such lands 
shall be sold within the first five years, and no more than two 
thirds, within the first fifteen years after the title thereto is vested 
in the State, and the Legislature shall, subject to the provisions 
of this Article, provide for the sale of the same. 

The Commissioner of Schools and Public Lands, the State 



Monday, August 5, 1889. 183 

Auditor and the County Superintendent of Schools of the coun- 
ties severally, shall constitute boards of appraisal and shall ap- 
praise all school lands within the several counties which they 
may from time to time select and designate for sale at their 
actual value under the terms of sale. 

They shall take care to first select and designate for sale 
the most valuable lands, and they shall ascertain all such lands 
as may be of special and peculiar value, other than agricultural, 
and cause the proper subdivision of the same" in order that the 
largest price may be obtained therefor. 

Sec. 5. No lands shall be sold for less than the appraised 
value and in no case for less than ten dollars an acre. The pur- 
chaser shall pay one-fourth of the price in cash and the remain- 
ing three-fourths as follows: One-fourth in five years, one- 
fourth in ten years and one-fourth in fifteen years, with interest 
thereon at the rate of not less than six per centum per annum, 
payable annually in advance, but all such subdivided lands may 
be sold for cash, provided that upon pavment of the interest for 
one full year in advance, the balance of the purchase price may 
be paid at any time. All sales shall be at public auction to the 
highest bidder, after sixty days advertisement of the same in a 
newspaper of general circulation in the vicinity of the lands to 
be sold, and one at the seat of government. Such lands as shall 
not have been specially subdivided shall be offered in tracts of 
not more than eighty acres and those so subdivided in the 
smallest subdivisions. All lands designated for sale and not sold 
within four years after appraisal, shall be re-appraised by the 
board of appraisal as hereinbefore provided before they are 
sold. 

Sec. 6. All sales shall be conducted through the office of 
the Commissioner of School and Public Lands as may be pre- 
scribed by law, and returns of all appraisals and sales shall be 
made to said office. No sale shall operate to convey any right 
or title to any lands for sixty days after the date thereof, nor 
until the same shall have received the approval of the Governor 
in such form as may be provided by law. No grant or patent 
for any such lands shall issue until final payment be made. 

Sec. 7. All lands, money or other property donated, 
granted or received from the United States or any source for a 
university, agricultural college, normal schools or other educa- 
tional or charitable institution or purpose, and the proceeds of all 
such lands and other property so received from any source, shall 
be and remain perpetual funds, the interest and income of which, 
together with the rents of all such lands as may remain unsold, 



184 Journal of the Convention, 

shall be inviolably appropriated and applied to the specific objects 
of the original grants or gifts. The principal of every such 
fund may be increased, but shall never be diminished, and the in- 
terest and income only shall be used. Every such fund shall be 
deemed a trust fund held by the state, and the State shall make 
good all losses therefrom that shall in any manner occur. 

Sec. 8. All lands mentioned in the proceeding section shall 
be appraised and sold in the same manner and by the same offi- 
cers and boards under the same limitations, and subject to all the 
conditions as to price, sale and approval, provided above for the 
appraisal and sale of lands for the benefit of public schools, but 
a distinct and separate account shall be kept by the proper offi- 
cers of each of such funds. 

Sec. 9. No lands mentioned in this article shall be leased 
except for pasturage and meadow purposes and at public auction 
after notice as hereinbefore provided in case of sale, and shall be 
offered in tracts not greater than one section. All rents shall be 
payable annually in advance and no term of lease shall exceed 
five years, nor shall any lease be valid until it receives the ap- 
proval of the Governor. 

Sec. 10. No claim to any public lands by any trespasser 
thereon by reason of occupancy, cultivation or improvement 
thereof, shall ever be recognized; nor shall compensation ever 
be made on account of any improvement made by such tres- 
passer. 

Sec. 11. The moneys of the permanent school and other 
educational funds shall be invested only in first mortgages upon 
good improved farm lands within this State as hereinafter pro- 
vided, or in bonds of school corporations within the State, or in 
bonds of the United States, or of the State of South Dakota. 
The Legislature shall provide by law the method of determining 
the amounts of said funds which shall be invested from time to 
time in such classes of securities respectively, taking care to se- 
cure continuous investments as far as possible. 

All moneys of said funds which may from time to time be 
designated for investment in farm mortgages and in the bonds of 
school corporations, shall for such purpose be divided among the 
organized counties of the State in proportion to population as 
nearly as provisions by law to secure continuous investments may 
permit. The several counties shall hold and manage the same 
as trust funds, and they shall be and remain responsible and ac- 
countable for the principal and interest of all such moneys 
received by them from the date of receipt until returned because 
not loaned; and in case of loss to any money so apportioned to 



Monday, August 5, 1889. 185 

any county, such county shall make the same good out of its 
common revenue. Counties shall invest said money in bonds of 
school corporations, or in first mortgages upon good improved 
farm lands within their limits respectively; but no farm loan shall 
exceed five hundred dollars to any one person, nor shall it exceed 
one half the valuation of the land as assessed for taxation, and 
the rate of interest shall not be less than six per centum per 
annum, and shall be such other and higher rate as the Legisla- 
ture may provide, and shall be payable semi-annually on the first 
day of January and July; provided, that whenever there are 
moneys of said fund in any county amounting to one thousand 
dollars that cannot be loaned according to the provisions of this 
section and any law pursuant thereto, the said sum may be re- 
turned to the State Treasurer to be entrusted to some other Coun- 
ty or counties, or otherwise invested under the provisions of this 
section. 

Each county shall semi-annually, on the first day of January 
and July, render an account of the condition of the fund intrusted 
to it to the Auditor of State, and at the same time pay to or ac- 
count to the State Treasurer for the interest due on all funds in- 
trusted to it. 

The Legislature may provide by general law that comities 
may retain from interest collected in excess of six per centum 
per annum upon all said funds intrusted to them, not to exceed 
one per centum per annum. But no county shall be exempted 
from the obligation to make semi-annually payments to the State 
treasury of interest at the rate provided by law for such loans, 
except only said one per centum, and in no case shall the interest 
so to be paid be less than six per centum per annum. 

The Legislature shall provide by law for the safe invest- 
ment of the permanent school and other educational funds, and 
for the prompt collection of interest and income thereof, and to 
carry out the objects and provisions of this section. 

Sec. 12. The Governor may disapprove any sale, lease or 
investment other than such as are intrusted to the counties. 

Sec. 13. All losses to the permanent school or other edu- 
cational funds of this State which shall have been occasioned by 
the defalcation, negligence, mis-management or fraud of the 
agents or officers controlling and managing the same, shall be 
audited by the proper authorities of the State. The amount as 
audited shall be a permanent funded debt against the State in 
favor of the fund sustaining the loss upon which not less than 
six per centum of annual interest shall be paid. The amount of 



1 86 Journal of the Convention, 

indebtedness so created shall not be counted as a part of the 
indebtedness mentioned in Article XIII, section 2. 

Sec. 14. The Legislature shall provide by law for the 
protection of the school lands from trespass or unlawful appro- 
priation, and for their defense against all unauthorized claims or 
efforts to divert them from the school fund. 

Sec. 15. The Legislature shall make such provisions by 
general taxation, and by authorizing the school corporations to 
levy such additional taxes as with the income from the perma- 
nent school fund shall secure a thorough and efficient system of 
common schools throughout the State. 

Sec. 16. No appropriation of lands, money or other prop- 
erty or credits to aid any sectarian school shall ever be made by 
the State, or any county or municipality within the State, nor 
shall the State or any county or municipality within the State 
accept any grant, conveyance, gift or bequest of lands, money 
or other property to be used for sectarian purposes, and no sec- 
tarian instruction shall be allowed in any school or institution 
aided or supported by the State. 

Sec 17. No teacher, State, County, Township or district 
school officer shall be interested in the sale, proceeds or profits 
of any book, apparatus or furniture used or to be used in any 
school in this State, under such penalties as shall be provided by 
law. 

COUNTY AND TOWNSHIP ORGANIZATION. 

Section i. The Legislature shall provide by general law for 
organizing new counties, locating the county seats thereof and 
changing county lines; but no new counties shall be organized 
so as to include an area of less than twenty four congressional 
townships, as near as may be without dividing a township or 
fractional township, nor shall the boundaries of any organized 
county be changed so as to reduce the same to a less area than 
above specified. All .changes in county boundaries in counties 
already organized, before taking effect, shall be submitted to the 
electors of the county or counties to be affected thereby, at the 
next general election thereafter and be adopted by a majority of 
the votes cast in each county at such election. Counties now 
organized shall remain as they are unless changed according to 
the above provisions. 

Sec 2. In counties already organized where the county 
seat has not been located by a majority vote, it shall be the duty 
of the county board to submit the location of the county seat 
to the electors of said county at a general election. The place 



Monday, August 5, 1889. 187 

receiving a majority of all votes cast at said election shall be 
county-seat of said county. 

Sec. 3. Whenever a majority of .the legal voters of any 
organized county shall petition the county board to change the 
location of the county seat which has once been located by a 
majority vote;, specifying the place to which it is to be changed, 
said county board shall submit the same to the people of said 
county at the next general election, and if the proposition to 
change the county seat be ratified by two thirds of the votes 
cast at said election, then the county seat shall be changed, 
otherwise not. A proposition to change the location of the 
county seat of any organized county shall not again be submit- 
ted before the expiration of four years. 

Sec. 4. The Legislature shall provide by general law for 
organizing the counties into townships, having due regracl for 
congressional township lines and natural boundaries, and when- 
ever the population is sufficient and the natural boundaries will 
permit, the civil townships shall be co-extensive with the con- 
gressional townships. 

Sec 5. In each organized county at the first general elec- 
tion held after the admission of the State of South Dakota into 
the Union and every two years thereafter, there shall be elected 
a Clerk of the Court, Sheriff, County Auditor, Register of 
Deeds, Treasurer, State's Attorney, Surveyor, Coroner, and 
Superintendent of Schools, whose terms of office respectively 
shall be two years, and except Clerk of the Court no person shall 
be eligible for more than four years in succession to any of the 
above named offices. 

Sec 6. The Legislature shall provide by general law for 
such county, township and district officers as may be deemed 
necessary, and shall prescribe the duties and compensation of all 
county, township and district officers. 

Sec 7. All county, township and district officers shall be 
electors in the county, township or district in which they are 
elected, provided that nothing in this section shall prevent the 
holding of school offices by any person as provided in section 9, 
Article VII. 

ARTICLE X. 

MUNICIPAL CORPORATIONS. 

Section i. The Legislature shall provide by general laws 
for the organization and classification of municipal corporations. 
The number of such classes shall not exceed four and the powers 



1 88 Journal of the Convention, 

of each class shall be defined by general laws, so that no such 
corporations shall have any powers, or be subject to any restric- 
tions other than those of .all corporations of the same class. The 
Legislature shall restrict the power of such corporations to lew 
taxes and assessments, borrow money and contract debts, so as 
to prevent the abuse of such power. 

Sec. 2. Except as otherwise provided in this Constitution, 
no tax or assessment shall bt levied or collected, or debts con- 
tracted by municipal corporations, except in pursuance of law, 
for public purposes specified by law; nor shall money raised by 
taxation, loan or assessment, for one purpose ever be diverted to 
any other. 

Sec. 3. No street passenger railway or telegraph or tele- 
phone lines shall be constructed within the limits of any village, 
town or city wfthout the consent of its local authorities. 

ARTICLE XL 

REVENUE AND FINANCE. 

Section i. The Legislature shall provde for an annual tax, 
sufficient to defray the estimated ordinary expenses of the State 
for each year, not to exceed in any one year two mills on each 
dollar of the assessed valuation of all taxable property in the 
State, to be ascertained by the last assessment made for state 
and county purposes. 

And whenever it shall appear that such ordinary expenses 
shall exceed the income of the State for such year, the Legisla- 
ture shall provide for levying a tax for the ensuing year, suffi- 
cient with other sources of income to pay the deficiency of the 
preceeding year together with the estimated expences of such 
ensuing year. And for the purpose of paying the public debt, 
the Legislature shall provide for levying a tax annually, sufficient 
to pay the annual interest and the principal of such debt within 
ten years from the final passage of the law creating the debt, 
provided that the annual tax for the payment of the interest and 
principal of the public debt shall not exceed in any one year two 
mills on each dollar of the assessed valuation of all taxable prop- 
erty in the State as ascertained by the last assessment made for 
the State and County purposes. 

Sec 2. All taxes to be raised in this State shall be uni- 
form on all real and personal property, according to its value in 
money, to be ascertained by such rules of appraisement and as- 
sessment as may be prescribed by the Legislature by general 
law, so that every person and corporation shall pay a tax in 



Monday, August 5, 1889. 189 

proportion to the value of his, her or its property. And the 
Legislature shall provide by general law for the assessing and 
levying of taxes on all corporation property as near as may be 
by the same methods as are provided for assessing and levying 
of taxes on individual property. 

Sec. 3. The power to tax corporations and corporate 
property shall not be surrendered or suspended by any contract 
or grant to which the state shall be a party. 

Sec. 4. The Legislature shall provide for taxing all mon- 
eys, credits, investments in bonds, stocks, joint stock companies, 
or otherwise; and also for taxing the notes and bills discounted 
or purchased, moneys loaned and all other property, effects or 
dues of every description, of all banks and of all bankers, so 
that all property employed in banking shall always be subject 
to a taxation equal to that imposed on the property of individ- 
uals. 

Sec 5. The propertv of the United States and of the 
State, county and municipal corporations, both real and personal 
shall be exempt from taxation. 

Sec 6. The Legislature shall, by general law, exempt 
from taxation, property used exclusively for agricultural and 
horticultural societies, for school, religious, cemetery and char- 
itable purposes, and personal property to any amount not ex- 
ceeding in value two hundred dollars for each individual liable 
to taxation. 

Sec 7. All laws exempting property from taxation, other 
than that enumerated in section 5 and 6 of this Article, shall be 
void. 

Sec 8. No tax shall be levied except in pursuance of a 
law, which shall distinctly state the object of the same, to which 
the tax only shall be applied. 

Sec 9. All taxes levied and collected for State purposes 
shall be paid into the State treasury. No indebtedness shall be 
incurred or money expended by the State, and no warrants 
shall be drawn upon the State treasurer except in pursuance of 
an appropriation for the specific purpose first made. The 
Legislature shall provide by suitable enactment for carrying 
this section into effect. 

Sec 10. The Legislature may vest the corporate author- 
ity of cities, towns and villages with power to make local im- 
provements by special taxation of contiguous property or other- 
wise. For corporate purposes, all municipal corporations may 
be vested with authority to assess and collect taxes; but such 



190 Journal of the Convention, 

tax shall be uniform in respect to persons and property within 
the jurisdiction of the body levying the same. 

Sec. 11. The making of profit, directly or indirectly, out 
of State, county, city, town or school district money, or using 
the same for any purpose not authorized by law, shall be deemed 
a felony and shall be punished as provided by law. 

Sec. 12. An accurate statement of the receipts and ex- 
penditures of the public moneys shall be published annually in 
such manner as the Legislature may provide. 

ARTICLE XII. 

PUBLIC ACCOUNTS AND EXPENDITURES. 

Section i. Mo money shall be paid out of the treasury 
except upon appropriation by law and on warrants drawn by the 
proper officer. 

Sec 2. The general appropriation bill shall embrace 
nothing but appropriations for ordinary expenses of the execu- 
tive, legislative and judicial departments of the State, the current 
expenses of state institutions, interest on the public debt, and for 
common schools. x\ll other appropriations shall be made by sep- 
arate bills, each embracing but one object and shall require a 
two-thirds vote of all the members of each branch of the Legis- 
lature. 

Sec. 3. The Legislature shall never grant any extra com- 
pensation to any public officer, employe, agent or contractor after 
the services shall have been rendered or the contract entered 
into, nor authorized the payment of any chums or parts thereof 
created against the State, under any agreement or contract made 
without express authority of law, and all such unauthorized 
agreements or contracts shall be null and void; nor shall the 
compensation of any public officer be increased or diminished 
during his term of office; provided, however, that the Legisla- 
ture may make appropriations for expenditures incurred in sup- 
pressing insurrection or repelling invasion. 

Sec 4. An itemized statement of all receipts and expend- 
itures of the public moneys shall be published annually in such 
manner as the Legislature shall provide, and such statements 
shall be submitted to the Legislature at the beginning of each 
regular session by the Governor with his message. 

ARTICLE XIII. 

public indebtedness. 

Section i. Neither the State nor any county, township or 



Monday, August 5, 1889. 191 



municipality shall loan or give its credit or make donation to or 
in aid of any individual association or corporation except for the 
necessary support of the poor, nor subscribe to or become the 
owner of the capital stock of any association or corporation, nor 
pav or become responsible for the debt or liability of any indi- 
vidual, association or corporation; provided, that the State may 
assume or pay such debt or liabihty when incurred in time of 
war for the defense of the State. Nor shall the State engage in 
any work of internal improvement. 

Sec. 2. For the purpose of defraying extraordinary ex- 
penses and making public improvements, or to meet casual defic- 
its or failure in revenue, the State may contract debts never to 
exceed with previous debts in the aggregate $100,000, and no 
greater indebtedness shall be incurred except for the purpose of 
repelling invasion, suppressing insurrection, or defending the 
State or the United States in war and provision shall be made by 
law for the payment of the interest annually, and the principal 
when due, by tax levied for the purpose or from other sources 
of revenue; which law providing for the payment of such inter- 
est and principal by such tax or otherwise shall be irrepealable 
until such debt is paid; provided, however the State of South 
Dakota shall have the power to refund the Territorial debt as- 
sumed by the State of South Dakota, by bonds, of the State of 
South Dakota. 

Sec. 3. That the indebtedness of the State of South Da- 
kota limited by section 2 of this article shall be in addition to 
the debt of the Territory of Dakota assured by and agreed to 
be paid by South Dakota. 

Sec 4. The Debt of any County, city, town, school-dis- 
trict or other sub-division, shall never exceed five per-centum 
upon the assessed value of the taxable property therein. 

In estimating the amount of Indebtedness which a munici- 
pality or sub-division may incur, the amount of indebtedness 
contracted prior to the adoption of this Constitution shall be 
included. 

Sec. 5. Any city, county, town, school district or any 
other sub-division incurring indebtedness shall, at or before the 
time of so doing, provide for the collection of an annual tax 
sufficient to pay the interest and also the principal thereof when 
due, and all laws or ordinances providing for the payment of 
the interest or principal of any debt shall be irrepealable until 
such debt be paid. 

Sec 6. In order that payment of the debts and liabilities 
contracted or incurred by and in behalf ©f the Territory of Da- 



192 Journal of the Convention, 

kota may be justly and equitably provided for and made, and in 
pursuance of the requirements of an Act of Congress approved 
February 22, 1889, entitled "An Act to provide for the division 
of Dakota into two States and to enable the people of North 
Dakota, South Dakota, Montana and Washington to form Con- 
stitutions and State governments and to be admitted into the 
Union on an equal footing with the original States, and to make 
donations of Public Lands to such States'' the States of North 
Dakota and South Dakota, bv proceedings of a joint Commis- 
sion, duly appointed under said Act, the sessions whereof were 
held at Bismarck in said State of North Dakota, from July 16, 1889, 
to July 31, 1889, inclusive, have agreed to the following adjust- 
ment of the amounts of the debts and liabilities of the Territory 
of Dakota which shall be assumed and paid by each of the 
States of North Dakota and South Dakota, respectively, to-wit. 

1. This agreement shall take effect and be in force from 
and after the admission into the Union, as one of the United 
States of America, of either the State of North Dakota or the 
State of South Dakota. 

2. The words "State of North Dakota" wherever used in 
this agreement, shall be taken to mean the Territory of 
North Dakota, in case the State of South Dakota shall 
be admitted into the Union prior to the admission into the 
Union of the State of North Dakota; and the words "State of 
South Dakota" wherever used in this agreement, shall be 
taken to mean the Territory of South Dakota in case the state 
of North Dakota shall be admitted into the Union prior to the 
admission into the Union of the State of South Dakota. 

3. The said State of North Dakota shall assume and pay 
all bonds issued by the Territory of Dakota to provide funds for 
the purchase, construction, repairs or maintenance of such pub- 
lic institutions, grounds or buildings as are located within the 
boundaries of North Dakota, and shall pay all warrants issued 
under and by virtue of that certain Act of the Legislative As- 
sembly of the Territory of Dakota, approved March 3, 1889, 
entitled an Act to provide for the Refunding of Outstanding 
Warrants drawn on the Capitol Building Fund. 

4. The said State of South Dakota shall assume and pay 
all bonds issued by the Territory of Dakota to provide funds for 
the purchase, construction, repairs or maintenance of such public 
institutions, grounds or buildings as are located within the boun- 
daries of South Dakota. 

5. That is to say: The State of North Dakota shall assume 
and pay the following bonds and indebtedness, to-wit: Bonds 



Monday, August 5, 1889. 193 



issued on account of the Hospital for Insane at Jamestown, North 
Dakota, the face aggregate of which is Two Hundred and Sixty- 
six Thousand Dollars; also, bonds issued on account of the North 
Dakota University at Grand Forks, North Dakota, the face ag- 
gregate of which is Ninety-six Thousand Seven Hundred Dol- 
lars; also bonds issued on account of the Penitentiary at Bis- 
marck, North Dakota, the face aggregate of which is Ninety- 
three Thousand Six Hundred Dollars; also Refunding Capitol 
Building Warrants dated April 1, 1889, Eighty-three Thousand 
Five Hundred and Seven Dollars and Forty-six cents. 

And the State of South Dakota shall assume and pay the 
following bonds and indebtedness, to-wit: 

Bonds issued on account of the Hospital for the Insane at 
Yankton, South Dakota, the face aggregate of which is Two 
Hundred and Ten Thousand Dollars; also, bonds issued on ac- 
count of the School for Deaf Mutes, at Sioux Falls, South Da- 
kota, the face aggregate of which is Fifty-One Thousand Dollars; 
also, bonds issued on account of the University at Vermillion, 
South Dakota, the face aggregate of which is Seventy-five 
Thousand Dollars; also, bonds issued on account of the Peniten- 
tiary at Sioux Falls, South Dakota, the face aggregate of which 
is Ninety-Four Thousand Three Hundred Dollars; also, bonds 
issued on account of Agricultural College, at Brookings, South 
Dakota, the face aggregate of which is Ninety-Seven Thousand 
Five Hundred Dollars; also, bonds issued on account of the 
Normal School at Madison, South Dakota, the face aggregate 
of which is Forty-Nine Thousand Four Hundred Dollars; also, 
bonds issued on account of School of Mines at Rapid City, South 
Dakota, the face aggregate of which is Thirty-three Thousand 
Dollars; also, bonds on account of the Reform School at Plank- 
inton, South Dakota, the face aggregate of which is Thirty 
Thousand Dollars; also, bonds issued on account of the Normal 
School at Spearfish, South Dakota, the face aggregate of which 
is Twenty-five Thousand Dollars; also, bonds issued on account 
of the Soldiers' Home at Hot Springs, South Dakota, the face ag- 
gregate of which is Forty-five Thousand Dollars. 

6. The States of North Dakota and South Dakota shall 
pay one-half each of all liabilities now existing or hereafter and 
prior to the taking effect of this agreement incurred, except 
those heretofore and hereafter incurred on account of public in- 
stitutions, grounds or buildings, except as otherwise herein spe- 
cifically provided. 

7. The State of South Dakota shall pay to the State of 
North Dakota Forty Six Thousand Five Hundred Dollars, on 



194 Journal of the Convention, 

account of the excess of Territorial appropriations for the per- 
manent improvement of Territorial institutions which under this 
agreement will go to South Dakota, and in full of the undivided 
one half interest of North Dakota in the Territorial Library, and 
in full settlement of unbalanced accounts, and of all claims against 
the Territory, of whatever nature, legal or equitable, arising out 
of the alleged erroneous or unlawful taxation of the Northern 
Pacific Railroad lands, and the payment of said amount shall 
discharge and exempt the State of South Dakota from all liabil- 
ity for or on account of the several matters hereinbefore refer- 
red to; nor shall either State be called upon to pay or answer 
to any portion of liability hereafter arising or accruing on ac- 
count of transactions heretofore had, which liability would be a 
liability of the Territory of Dakota had Such Territory remained 
in existence and which liability shall grow out of matters con- 
nected with any public institution, grounds or buildings of the 
Territory situated or located within the boundaries of the other 
state. 

8. A final adjustment of accounts shall be made upon the 
following basis: North Dakota shall be charged with all sums 
paid on account of the public institutions, grounds or buildings 
located within its boundaries on account of the current appropri- 
ations since March 8th, 1889; and South Dakota shall be 
charged with all sums paid on account of public institutions, 
grounds or buildings located within its boundaries on the same 
account and during the same time. Each state shall be charged 
with one-half of all other expenses of the Territorial govern- 
ment during the same time. All moneys paid into the Treasury 
during the period from March 8th 5 1889, to the time of taking 
effect of this agreement by any county, municipality or person 
within the limits of the proposed State of North Dakota, shall be 
credited to the State of North Dakota; and all sums paid into 
said Treasury within the same time by any county, municipality 
or person within the limits of the proposed State of South Da- 
kota shall be credited to the State of South Dakota; except that 
any and all taxes on gross earnings paid into said Treasury by 
railroad corporations since the eighth day of March, 1889, based 
upon earnings of years prior to 1888, under and by virtue 
of the Act of the Legislative Assembly of the Territory of Da- 
kota, approved March 7th, 1889, and entitled " An Act provid- 
ing for the levy and collection of taxes upon property of railroad 
companies in this Territory," being Chapter 107 of the Session 
Laws of 1889 (that is, the part of such sum going to the Terri- 
tory) shall be equally divided between the States of North Da- 



Monday, August 5, 1889. 195 



kota and South Dakota, and all taxes heretofore or hereafter paid 
into the said Treasury under and by virtue of the Act last men- 
tioned, based on the gross earnings of the year 1888, shall be 
distributed, as already provided by law, except that so much 
thereof as goes to the Territorial Treasury shall be divided as 
follows: North Dakota shall have so much thereof as shall be 
or has been paid by railroads within the limits of the proposed 
State of North Dakota, and South Dakota so much thereof as 
shall be or has been paid by railroads within the limits of the pro- 
posed State of South Dakota; Each State shall be credited also 
with all balances of appropriations made by the Seventeenth 
Legislative Assembly of the Territory of Dakota for the ac- 
count of public institutions, grounds or buildings situated within 
its limits, remaining unexpended on March 8th, 1889. If there 
be any indebtedness except the indebtedness represented by the 
bonds and refunding warrants hereinbefore mentioned, each 
State shall at the time of such final adjustment of accounts, as- 
sume its share of said indebtedness as determined by the amount 
paid on account of the public institutions, grounds or buildings 
of such State in excess of the receipts from counties, municipal- 
ities, railroad cerporations or persons within the limits of said 
State as provided in this Article; And if there should be a sur- 
plus at the time of such final adjustment, each State shall be en- 
titled to the amounts received from counties, municipalities, rail- 
road corporations or persons within its limits over and above the 
amount charged to it. 

Section 7. And the State of South Dakota hereby obligates 
itself to pay sucji part of the debts and liabilities of the Terri- 
tory of Dakota as is declared by the foregoing Agreement to be 
its proportion thereof, the same as if such proportion had been 
originally created by said State of South Dakota as its own debt 
or liability. 

Sec. 8. The Territorial Treasurer is hereb}^ authorized and 
empowered to issue refunding bonds to the amount of $107,500, 
bearing interest not to exceed the rate of four per cent, per an- 
num, for the purpose of refunding the following described in- 
debtedness of the Territory of Dakota, to-wit: 

$77>5°° 5~P er cent, bonds, dated May 1st, 1883, issued for 
the construction of the West Wing of the Insane Hospital at 
Yankton, and $30,000 6-per cent, bonds dated May 1st, 1883, 
issued for permanent improvements of Dakota Penitentiary, at 
Sioux Falls, such refunding bonds if issued, to run for not more 
than twenty years, and shall be executed by the Governor and 
Treasurer of the Territory, and shall be attested by the Secre- 
tary under the great Seal of the Territory. 



196 Journal of the Convention, 



In case such bonds are issued by the Territorial Treasurer 
as hereinbefore set forth, before the first day of October, 1889, 
then upon the admission of South Dakota as a State it shall as- 
sume and pay said bonds in lieu of the aforesaid Territorial in- 
debtedness. 

ARTICLE XIV. 

STATE INSTITUTIONS. 

Section i. The charitable and penal institutions of the 
State of South Dakota shall consist of a penitentiary, insane hos- 
pital, a school for the deaf and dumb, a school for the blind and 
a reform school. 

Sec. 2. The State institutions provided for in the preceding 
section shall be under the control of a State Board of Charities 
and Corrections, under such rules and restrictions as the Legis- 
lature shall provide; such board to consist of not to exceed five 
members, to be appointed by the Governor and confirmed by the 
Senate, and whose compensation shall be fixed by law. 

Sec. 3. The State university, the agricultural college, the 
normal schools and all other educational institutions that may be 
sustained either wholly or in part by the State shall be under 
the control of a board of nine members, appointed by the Gov- 
ernor and confirmed by the Senate to be designated the regents 
of education. They shall hold their office for six years, three 
retiring every second year. 

The regents in connection with the faculty of each institu- 
tion shall fix the course of study in the same. 

The compensation of the regents shall be fixed by the Leg- 
islature. 

Sec 4. The regents shall appoint a board of five members 
for each institution under their Control, to be designated the 
board of trustees. They shall hold office for five years, one 
member retiring annually. The trustees of each institution shall 
appoint the faculty of the same, and shall provide for the current 
management of the institution, but all appoinments and removals 
must have the approval of the regents to be valid. The trus- 
tees of the several institutions shall receive no compensation for 
their services, but they shall be reimbursed for all expenses in- 
curred in the discharge of their duties, upon presenting an item- 
ized account of the same to the proper officer. Each board of 
trustees at its first meeting shall decide by lot the order in which 
its members shall retire from office. 

Sec 5. The Legislature shall provide that the science of 



Monday, August 5, 1889. 197 



mining and metallurgy be taught in at least one institution of 
learning under the patronage of the State. 

ARTICLE XV. 

MILITIA. 

Section i. The militia of the State of South Dakota shall 
consist of all able-bodied male persons residing in the State, be- 
tween the ages of eighteen and forty-five years, except such 
persons as now are, or hereafter may be, exempted by the laws 
of the United States or of this State. 

Sec 2. The Legislature shall provide by law for the en- 
rollment, uniforming, equipment and discipline of the militia and 
the establishment of volunteer and such other organizations or 
both, as may be deemed necessary for the protection of the State, 
the preservation of order and the efficiency and good of the 
service. 

Sec. 3. The Legislature in providing for the organization 
of the militia shall conform, as nearly as practicable, to the reg- 
ulations for the government of the armies of the United States. 

Sec 4. All militia officers shall be commissioned by the 
Governor, and may hold their commissions for such period of 
time as the Legislature may provide, subject to removal by the 
Governor for cause, to be first ascertained by a court martial 
pursuant to law. 

Sec 5. The militia shall in cases except treason, felony or 
breach of the peace, be privileged from arrest during their at- 
tendance at muster, and elections and in going to and returning 
for the same. 

Sec 6. All military records, banners and relics of the State, 
except when in lawful use, shall be preserved in the office of the 
Adjutant General as an enduring memorial of the patriotism and 
valor of South Dakota; and it shall be the duty of the Legisla- 
ture to provide by law for the safe keeping of the same. 

Sec 7. No person having conscientious scruples against 
bearing arms shall be compelled to do military duty in time of 
peace. 

ARTICLE XVI. 

IMPEACHMENT AND REMOVAL FROM OFFICE. 

Section i. The House of Representatives shall have the 
sole power of impeachment. 



198 Journal of the Convention, 

The concurrence of a majority of all members elected shall 
be necessary to an impeachment. 

Sec. 2. All impeachments shall be tried by the Senate. 
When sitting for that purpose the Senators shall be upon oath or 
affirmation to do justice according to law and evidence. No 
person shall be convicted without the concurrence of two-thirds 
of the members elected. When the Governor or Lieutenant 
Governor is on trial the presiding Judge of the Supreme Court 
shall preside. 

Sec. 3. The Governor and other State and judicial officers, 
except county judges, justices of the peace and police magis- 
trates shall be liable to impeachment for drunkenness, crimes, 
corrupt conduct, or malfeasance or misdemeanor in office, but 
judgment in such cases shall not extend further than to removal 
from office and disqualification to hold any office of trust or profit 
under the State. The person accused whether convicted or ac- 
quitted shall nevertheless be liable to indictment, trial, judgment 
and punishment according to law. 

Sec. 4. All officers not liable to impeachment shall be sub- 
ject to removal for misconduct or malfeasance or crime or misde- 
meanor in office, or for drunkenness or gross incompetency, in 
such manner as may be provided by law. 

Sec 5. No officer shall exercise the duties of his office 
after he shall have been impeached and before his acquital. 

Sec 6. On trial of an impeachment against the Governor 
the Lieutenant Governor shall not act as a member of the court. 

Sec 7. No person shall be tried on impeachment before 
he shall have been served with a copy thereof at least twenty 
days previous to the day set for trial. 

Sec 8. No person shall be liable to impeachment twice for 
the same offense. 

ARTICLE XVII. 

CORPORATIONS. 

Section i. No corporation shall be created or have its 
charter extended, changed or amended by special laws except 
those for charitable, educational, penal or reformatory purposes, 
which are to be and remain under the patronage and control of 
the State; but the Legislature shall provide, by general laws for 
the organization of all corporations hereafter to be created. 

Sec 2. All existing charters, or grants of special or ex- 
clusive privileges, under which a bona fide organization shall 



Monday, August 5, 1889. 199 

not have taken place and business been commenced in good 
faith at the time this Constitution takes effect, shall thereafter 
have no validity. 

Sec. 3. The Legislature shall not remit the forfeiture of 
the charter of any corporation now existing nor alter or amend 
the same or pass any other general or special law for the benefit 
of such corporation, except upon the condition that such corpo- 
ration shall thereafter hold its charter subject to the provisions 
of this Constitution. 

Sec. 4. The exercise of the right of eminent domain shall 
never be abridged or so construed as to prevent the Legislature 
from taking the property and franchises of incorporated com- 
panies and subjecting them to public use, the same as the property 
of individuals; and the exercise of the police power of the State 
shall never be abridged or so construed as to permit corporations 
to conduct their business in such manner as to infringe the equal 
rights of individuals or the general well being of the State. 

Sec 5. In all elections for directors or managers of a cor- 
poration, each member or share holder may cast the whole num- 
ber of his votes for one candidate, or distribute them upon two 
or more candidates, as he may prefer. 

Sec 6. No foreign corporation shall do any business in this 
state without having one or more known places of business and 
an authorized agent or agents in the same upon whom process 
may be served. 

Sec 7. No corporation shall engage in any business other 
than that expressly authorized in its charter, nor shall it take or 
hold any real estate except such as may be necessary and proper 
for its legitimate business. 

Sec 8. No corporation shall issue stocks or bonds except for 
money, labor done, or money or property actually received; and 
all fictitious increase of stock or indebtedness shall be void. The 
stock and indebtedness of corporations shall not be increased ex- 
cept in pursuance of general law, nor without the consent of the 
persons holding the larger amount in value of the stock first 
obtained, at a meeting to be held after sixty days notice given in 
pursuance of law. 

Sec 9. The Legislature shall have the power to alter, re- 
vise or annul, any charter of any corporation now existing and 
revocable at the taking effect of this Constitution, or any that 
may be created, whenever in their opinion it may be injurious to 
the citizens of this State, in such a manner, however, that no in- 
justice shall be done to the incorporators. No law hereafter en- 



200 



Journal of the Convention, 



acted shall create, renew or extend the charter of more than one 
corporation. 

Sec. io. No law shall be passed by the Legislature grant- 
ing the right to construct and operate a street railroad within 
any city, town or incorporated village without requiring the con- 
sent of the local authorities having the control of the streets or 
highway proposed to be occupied by such street railroad. 

Sec. ii. Any association or corporation organized for the 
purpose, or any individual, shall have the right to construct and 
maintain lines of telegraph in this state, and to connect the same 
with other lines; and the Legislature shall by general law of 
uniform operation provide reasonable regulation to give full 
effect to this section. No telegraph company shall consolidate 
with or hold a controlling interest in the stock or bonds of any 
other telegraph company owning a competing line, or acquire by 
purchase or otherwise, any other competing line of telegraph. 

Sec 12. Every railroad corporation organized or doing 
business in this State under the laws or authority thereof shall 
have and maintain a public office or place in this State for the 
transaction of its business, where transfers of its stocks shall be 
made, and in which shall be kept for public inspection books 
in which shall be recorded the amount of capital stock sub- 
scribed, and by whom; the names of the owners of its stock, and 
the amount owned by them respectively; the amount of stocks 
paid in, and by whom; the transfers of said stock; the amount of 
its assets and liabilities; and the names and place of residence of 
its officers. The directors of every railroad corporation shall 
annually make a report, under oath, to the Auditor, of public 
accounts or some officer or officers to be designated by law, of 
all their acts and doings, which report shall include such matters 
relating to railroads as may be prescribed by law, and the 
Legislature shall pass laws enforcing by suitable penalties 
the provisions of this section. 

Sec 13. The rolling stock, and all other movable property 
belonging to any railroad company or corporation in this State 
shall be considered personal property, and shall be liable to ex- 
ecution and sale in the same manner as the personal property of 
individuals, and the Legislature shall pass no laws exempting 
such property from execution and sale. 

Sec 14. No railroad corporation shall consolidate its stock, 
property or franchises with any other railroad corporation own- 
ing a parallel or competing line; and in no case shall any 
cansolidation take place except upon public notice given out, 
at least sixty days to all stock-holders in such manner as may be 



Monday, August 5, 1889. 201 

provided by law. Any attempt to evade the provisions of this 
section, by any railroad corporation, by lease or otherwise, shall 
work a forfeiture of its charter. 

Sec. 15. Railways heretofore constructed or that may 
hereafter be constructed, in this State are hereby declared public 
highways, and all railroad and transportation companies are de- 
clared to be common carriers and subject to Legislative control; 
and the Legislature shall have power to enact laws regulating 
and controlling the rates of charges for the transportation of 
passengers and freight as such common carriers from one point 
to another in this State. 

Sec. 16. Any association or corporation organized for the 
purpose shall have the right to construct and operate a railroad 
between any points within this State, and to connect at the State 
line with railroads of other States. Every railroad company 
shall have the right with its road to intersect, connect with, or 
cross any other railroad, and shall receive and transport each 
the other's passengers, tonnage and cars, loaded or empty, with- 
out delay or discrimination. 

Sec. 17. The Legislature shall pass laws to correct abuses 
and prevent discrimination and extortion in the rates of freight 
and passenger tariffs on the different railroads in this State, and 
enforce such laws by adequate penalties, to the extent, if neces- 
sary for that purpose, of forfeiture of their property and fran- 
chises. 

Sec 18. Municipal and other corporations and individuals 
invested with the privilege of taking private property for public 
use shall make just compensation for property taken, injured or 
destroyed, by the construction or enlargement of their works, 
highways or improvements, which compensation shall be paid 
or secured before such taking, injury or distruction. The 
Legislature is hereby prohibited from depriving any person of an 
appeal from any preliminary assessment of damages against any 
such corporation or individuals made by viewers or otherwise, 
and the amount of such damages in all cases of appeal shall, on 
the demand of either party, be determined by a jury as in other 
civil cases. 

Sec 19. The term "corporations" as used in this Article, 
shall be construed to include all joint stock companies or associa- 
tions having any of the powers or privileges of corporations not 
possessed by individuals or partnerships. 



202 Journal of the Convention, 

ARTICLE XVIII. 

BANKING AND CURRENCY. 

Section, i. If a general banking law shall be enacted it 
shall provide for the registry and countersigning by an 
officer of this State of all bills or papers credit designed to cir- 
culate as money, and require security to the full amount thereof, 
to be deposited with the State Treasurer, in the approved secu- 
rities of the State or of the United States, to be rated at 10 per 
centum below their par value, and in case of their depreciation 
the deficiency shall be made good by depositing additional 
securities. 

Sec. 2. Every bank, banking company or corporation shall 
be required to cease all banking operation within twenty years 
from the time of its organization, and promptly thereafter close 
its business, but shall have corporate capacity to sue or be sued 
until its business is fully closed, but the Legislature may provide 
by general law for the reorganization of such banks. 

Sec 3. The shareholders or stockholders of any banking 
corporation shall be held individually responsible and liable for 
all contracts, debts and engagements of such corporation to the 
extent of the amount of their stock therein, at the- par value 
thereof, in addition to the amount invested in such shares or 
stocks; and such individual liabilities shall continue for one year 
after any transfer or sale of stock by any stockholder or stock- 
holders. 

ARTICLE XIX. 

CONGRESSIONAL AND LEGISLATIVE APPOINTMENT. 

Section i. Until otherwise provided bylaw, the members 
of the House of Representatives of the United States, apportioned 
to this State, shall be elected by the State at large. 

Sec. 2. Until otherwise provided by law, the senatorial 
and representative districts shall be formed, and the Senators and 
Representatives shall be apportioned as follows: 

SENATORIAL DISTRICTS. 

District No. 1, shall consist of the county of Union and be 
entitled to one Senator. 

District No. 2, shall consist of the county of Clay and be 
entitled to one Senator. 

District No. 3, shall consist of the county of Yankton and 
be entitled to one Senator. 

District No. 4, shall consist of the county of Bon Homme 
and be entitled to one Senator. 



Monday, August 5, 1889. . 203 



District No. 5, shall consist of the county of Lincoln and be 
entitled to one Senator. 

District No. 6, shall consist of the county of Turner and be 
entitled to one Senator. 

District No. 7, shall consist of the county of Hutchinson and 
be entitled to one Senator. 

District No. 8, shall consist of the counties of Charles Mix 
and Douglas and be entitled to one Senator. 

District No. 9, shall consist of the county of Minnehaha and 
be entitled to two Senators. 

District No. 10, shall consist of the county of McCook and 
be entitled to one Senator. 

District No. 11, shall consist of the county of Hanson and 
be entitled to one Senator. 

District No. 12, shall consist of the county of Davison and 
be entitled to one Senator. 

District No. 13, shall consist of the county of Aurora and be 
entitled to one Senator. 

District No. 14, shall consist of the county of Brule and be 
entitled to one Senator. 

District No. 15, shall consist of the county of Moody and be 
entitled to one Senator. 

District No. 16, shall consist of the county of Lake and be 
entitled to one Senator. 

District No. 17, shall consist of the county of Miner and be 
entitled to one Senator. 

District No. 18, shall consist of the county of Sanborn and 
be entitled to one Senator. 

District No. 19, shall consist of the counties of Jerauld and 
Buffalo and be entitled to one Senator. 

District No. 20, shall consist of the county of Brookings 
and be entitled to one Senator. 

District No. 21, shall consist of the county of Kingsbury 
and be entitled to one Senator. 

District No. 22, shall consist of the county of Beadle and be 
entitled to one Senator. 

District No. 23, shall consist of the county of Hand and be 
entitled to one Senator. 

District No. 24, shall consist of the counties of Hyde and 
Hughes and be entitled to one Senator. 

District No. 25, shall consist of the counties of Sully and 
Potter and be entitled to one Senator. 

District No. 26, shall consist of the county of Deuel and be 
entitled to one Senator, 



204 Journal of the Convention, 

District No. 27, shall consist of the county of Hamlin and 
be entitled to one Senator. 

District No. 28, shall consist of the county of Codington 
and be entitled to one Senator. 

District No. 29, shall consist of the county of Clark and be 
entitled to one Senator. 

District No. 30, shall consist of the county of Spink and be 
entitled to two Senators. 

District No. 31, shall consist of the counties of Grant and 
Roberts and be entitled to one Senator. 

District No. 32, shall consist of the county of Day and be 
ontitled to one Senator. 

Disrrict No. 33, shall consist of the county of Brown and be 
entitled to two Senators. 

District No. 34, shall consist of the county of Marshall and 
be entitled to one Senator. 

District No. 35, shall consist of the county of Faulk and be 
entitled to one Senator. 

District No. 36, shall consist of the counties of Edmonds 
and McPherson and be entitled to one Senator. 

District No. 37, shall consist of the counties of Walworth 
and Campbell and be entitled to one Senator. 

District No. 38, shall consist of the county of Lawrence and 
be entitled to two Senators. 

District No. 39, shall consist of the county of Pennington 
and be entitled to one Senator. 

District No. 40, shall consist of the counties of Meade and 
Butte and be entitled to one Senator. 

District No. 41, shall consist of the county of Custer and be 
entitled to one Senator. 

REPRESENTATIVE DISTRICTS. 

District No. J, shall consist of the county of Union and be 
entitled to three Representatives. 

District No. 2, shall consist of the county of Clay and be 
entitled to two Representatives. 

District No. 3, shall consist of the county of" Yankton and 
be entitled to four Representatives. 

District No. 4, shall consist of the county of Bon Homme 
and be entitled to three Representatives. 

District No. 5, shall consist of the county of Lincoln and be 
entitled to three Representatives. 

District No. 6, shall consist of the county of Turner and be 
entitled to three Representatives. 



Monday, August 5, 1889. 205 



District No. 7, shall consist of the county of Hutchinson and 
be entitled to two Representatives. 

District No. 8, shall consist of the county of Douglas and 
be entitled to two Representatives. 

District No. 9, shall consist of the county of Charles Mix 
and be entitled to two Representatives. 

District No. 10, shall consist of the county of Minnehaha 
and be entitled to seven Representatives. 

District No. 11, shall consist of the county of McCook and 
be entitled to two Representatives. 

District No. 12, shall consist of the county of Hanson and 
be entitled to two Representatives. 

District No. 13, shall consist of the county of Davison and 
be entitled to two Representatives. 

District No. 14, shall consist of the county of Aurora and 
be entitled to two Representatives. 

District No. 15, shall consist of the county of Brule and be 
entitled to three Representatives. 

District No. 16, shall consist of the county of Moody and be 
entitled to two Representatives. 

District No. 17, shall consist of the county of Lake and be 
entitled to three Representatives. 

District No. 18, shall consist of the county of Miner and be 
entitled to two Representatives. 

District No. 19, shall consist of the county of Sanborn and 
be entitled to two Representatives. 

District No. 20, shall consist of the county of Jerauld and 
and be entitled to one Representative. 

District No. 21, shall consist of the county of Buffalo and 
be entitled to one Representative. 

District No. 22, shall consist of the county of Brookings 
and be entitled to three Representatives. 

District No. 23, shall consist of the county of Kingsbury 
and be entitled to three Representatives. 

District No. 24, shall consist of the county of Beadle and 
be entitled to five Representatives. 

District No. 25, shall consist of the county of Hand and be 
entitled to three Representatives. 

District No. 26, shall consist of the county of Hyde and be 
entitled to one Representative. 

District No. 27, shall consist of the county of Hughes and 
be entitled to one Representative. 

District No. 28, shall consist of the county of Sully and be 
entitled to one Representative. 



2o6 Journal of the Convention, 



District No. 29, shall consist of the county of Deuel and be 
entitled to two Representatives. 

District No. 30, shall consist of the county of Hamlin and 
be entitled to two Representatives. 

District No. 31, shall consist of the county of Codington 
and be entitled to three Represenatives. 

District No. 32, shall consist of the county of Clark and be 
entitled to three Representatives. 

District No. 33, shall consist of the county of Spink and be 
entitled to five Representatives. 

District No. 34, shall consist of the county of Faulk and be 
entitled to two Representatives. 

District No. 35, shall consist of the county of Potter and 
be entitled to one Representative. 

District No. 36, shall consist of the county of Grant and be 
entitled to two Representatives. 

District No. 37, shall consist of the county of Roberts and 
be entitled to one Representative. 

District No. 38, shall consist of the county of Day and be 
entitled to three Representatives. 

District No. 39, shall consist of the county of Marshall and 
be entitled to two Representatives. 

District No. 40, shall consist of the county of Brown and 
be entitled to eight Representatives. 

District No. 41, shall consist of the county of Edmonds and 
be entitled to two Representatives. 

District No. 42, shall consist of the county of Walworth and 
be entitled to one Representative. 

District No. 43, shall consist of the county of McPherson 
and be entitled to two Representatives. 

District No. 44, shall consist of the county of Campbell and 
be entitled to one Representative. 

District No. 45, shall consist of the county of Fall River 
and be entitled to one Representative. 

District No. 46, shall consist of the county of Custer and be 
entitled to two Representatives. 

District No. 47, shall consist of the county of Pennington 
and be entitled to two Representatives. 

District No. 48, shall consist of the county of Meade and be 
entitled to two Representatives. 

District No. 49, shall consist of the county of Lawrence and 
be entitled to six Representatives. 

District No. 50, shall consist of the county of Butte and be 
entitled to one Representative. 



Monday, August 5, 1889. 207 

ARTICLE XX. 

SEAT OF GOVERNMENT. 

Section i. The question of the location of the temporary 
seat of government shall be submitted to a vote of the electors 
of the proposed State of South Dakota, in the same manner and 
at the same election at which this Constitution shall be submit- 
ted, and the place receiving the highest number of votes shall be 
the temporary seat of government until a permanent seat of 
government shall be established as hereinafter provided. 

Sec. 2. The Legislature at its first session after the admis- 
sion of this State, shall provide for the submission of the ques- 
tion of a place for a permanent seat of government to the qual- 
ified voters of the State at the next general election thereafter, 
and that place which receives a majority of all the votes cast 
upon that question shall be the permanent seat of government. 

Sec. 3. Should no place voted for at said election have a 
majority of all votes cast upon this question, the Governor shall 
issue his proclamation for an election to be held in the same 
manner at the next general election to choose between the two 
places having received the highest number of votes cast at the 
first election on this question. The election shall be conducted 
in the same manner as the first election for the permanent seat 
of government, and the place receiving the majority of all votes 
cast upon this question shall be the permanent seat of govern- 
ment. 

ARTICLE XXI. 

MISCELLANEOUS. 

Section i. Seal and Coat of Arms. — The design of 
the Great Seal of South Dakota shall be as follows : A circle 
within which shall appear in the left foreground a smelting fur- 
nace and other features of mining work. In the left background 
a range of hills. In the right foreground a farmer at his plough. 
In the right background a herd of cattle and a flefd of corn. 
Between the two parts thus described shall appear, a river bear- 
ing a steamboat. Properly divided between the upper and lower 
edges of the circle shall appear the legend, " Under God the 
People Rule," which shall be the motto of the State of South 
Dakota. Exterior to this circle and within a circumscribed circle 
shall appear, in the upper part, the words " State of South 
Dakota." In the lower part the words "Great Seal," and the 
date in Arabic numerals of the year in which the State shall be 
admitted to the Union. 



2o8 Journal of the Convention, 



COMPENSATION OF PUBLIC OFFICERS. 

Sec. 2. The Governor shall receive an annual salary of 
two thousand five hundred dollars; the Judges of the Supreme 
Court shall each receive an annual salary of two thousand five 
hundred dollars; the judges of the circuit courts shall each re- 
ceive an annual salary of two thousand dollars; provided, that 
the Legislature may, after the year one thousand eight hundred 
and ninety, increase the annual salary of the Governor and each 
of the Judges of the Supreme Court to three thousand dollars, 
and the annual salary of each of the circuit court judges to two 
thousand five hundred dollars. 

The Secretary of State, State Treasurer and State Auditor 
shall each receive an annual salary of one thousand eight hun- 
dred dollars; the Commissioner of School and Public Lands shall 
receive an annual salary of one thousand eight hundred dollars; 
the Superintendant of Public Instruction shall receive an annual 
salary of one thousand eight hundred dollars; the Attorney 
General shall receive an annual salary of one thousand dollars; 
the compensation of the Lieutenant Governor shall be double the 
compensation of a State Senator. 

They shall receive no fees or perquisites whatever for the 
performance of any duties connected with their offices. It shall 
not be competent for the Legislature to increase the salaries of 
the officers named in this article except as herein provided. 

Sec. 3. Oath of Office. — Every person elected or ap- 
pointed to any office in this State, except such inferior offices as 
may be by law exempted, shall, before entering upon the duties 
thereof, take an oath or affirmation to support the Constitution 
of the United States and of this State, and faithfully to discharge 
the duties of his office. 

Sec. 4. Exemptions. — The right of the debtor to enjoy 
the comforts and necessaries of life shall be recognized by whole- 
some laws exempting from forced sale a homestead, the value of 
which shall be limited and defined by law, to all heads of fami- 
lies and a reasonable amount of personal property, the kind and 
value of which to be fixed by general laws. 

Sec. 5. Rights of Married Women. The real and per- 
sonal property of any woman in this State, acquired before mar- 
riage, and all property to which she may after marriage become 
in any manner rightfully entitled, shall be her separate property, 
and shall not be liable for the bebts of her husband. 



Monday, August 5, 1889. 209 

ARTICLE XXII. 

COMPACT WITH THE UNITED STATES. 

The following article shall be irrevocable without the con- 
sent of the United States and the people of the State of South 
Dakota expressed by their Legislative Assembly: — 

First, That perfect toleration of religious sentiment shall be 
secured, and that no inhabitant of this State shall ever be 
molested in person or property on account of his or her mode of 
religious worship. 

Second, That we, the people inhabitating the State of South 
Dakota, do agree and declare that we forever disclaim all right 
and title to the unappropriated public lands lying within the 
boundary of South Dakota, and to all lands lying within said 
limits owned or held by any Indian or Indian tribes; and that 
until the title thereto shall have been extinguished by the United 
States, the same shall be and remain subject to the disposition 
of the United States; and said Indian lands shall remain under 
the absolute jurisdiction and control of the Congress of the 
United States; that the lands belonging to citizens of the United 
States residing without the said State shall never be taxed at a 
higher rate than the lands belonging to residents of this State 
that no taxes shall be imposed by the State of South Dakota on 
lands or property therein belonging to or which may hereafter 
be purchased by the United States, or reserved for its use. But 
nothing herein shall preclude the State of South Dakota from 
taxing as other lands are taxed any lands, owned or held by any 
Indian who has severed his tribal relation and has obtained from 
the United States, or from any person a title thereto by patent 
or other grant save and except such lands as have been or may 
be granted to any Indian, or Indians under any act of Congress 
containing a provision exempting the lands thus granted from 
taxation. All such lands which may have been exempted by 
any grant or law of the United States, shall remain exempt to 
the extent, and as prescribed by such act of Congress. 

Third, That the State of South Dakota shall assume and 
pay that portion of the debts and liabilities of the Territory of 
Dakota as provided in this Constitution. 

Fourth, That provision shall be made for the establishment 
and maintenance of systems of public schools; which shall be 
opened to all the children of this State, and free from sectarian 
control. 



2io Journal of the Convention, 

ARTICLE XXIII. 

AMENDMENTS AND REVISIONS OF THE CONSTITUTION. 

Section i. Any amendment or amendments to this Con- 
stitution may be proposed in either House of the Legislature, 
and if the same shall be agreed to by a majority of the members 
elected to each of the two houses, such proposed amendment or 
amendments shall be entered on their journals, with the yeas and 
nays taken thereon, and it shall be the duty of the Legislature 
to submit such proposed amendment or amendments to the vote 
of the people at the next general election. And if the people 
shall approve and ratify such amendment or amendments by a 
majority of the electors voting thereon, such amendment or 
amendments shall become a part of this Constitution; provided, 
that the amendment or amendments so proposed shall be 
published for a period of twelve weeks previous to the date of 
said election, in such manner as the Legislature may provide; 
and provided further that if more than one amendment be sub- 
mitted they shall be submitted in such manner that the people 
may vote for or against such amendment separately. 

Sec 2. Whenever two-thirds of the members elected to 
each branch of the Legislature shall think it necessary to call a 
convention to revise this Constitution they shall recommend to 
the electors to vote at the next election for members of the 
Legislature, for or against a convention; and if a majority of all 
the electors voting at said election shall have voted for a con- 
vention, the Legislature shall, at their next session, provide by 
law for calling the same. The convention shall consist of as 
many members as the House of Representatives of the Legisla- 
ture, and shall be chosen in the same manner, and shall meet 
within three months after their election for the purpose afore- 
said. 

ARTICLE XXIV. 

PROHIBITION. 

(To be submitted to a separate vote as provided by the 
schedule and ordinance.) 

No person or corporation shall manufacture, or aid in the 
manufacture for sale, any intoxicating liquor; no person shall 
sell or keep for sale, as a beverage, any intoxicating liquor. 
The Legislature shall by law prescribe regulations for the 
enforcement of the provisions of this section and provide 
suitable and adequate penalties for the violation thereof. 



Monday, August 5, 1889. 211 

ARTICLE XXV. 

MINORITY REPRESENTATION. 

(To be submitted to a separate vote as provided by the 
schedule and ordinance.) 

Section i. The House of Representatives shall consist of 
three times the number of members of the Senate, and the 
term of office shall be two years. Three Representatives shall 
be elected in each senatorial district at the first general election 
held after this Constitution takes effect, and every two years 
thereafter. 

Sec. 2. In all elections of Representatives aforesaid each 
qualified voter may cast as many votes for one candidate as 
there are Representatives to be elected, or may distribute the 
same, or equal parts thereof, amoung the candidates as he may 
see fit; and the candidates highest in votes shall be declared 
elected. 

ARTICLE XXVI. 

SCHEDULE AND ORDINANCE. 

Section. 1. That no inconvenience may arise from the 
change of the Territorial government to the permanent State 
government, it is hereby declared that all writs, actions, pro- 
secutions, claims and rights of individuals, and all bodies corpo- 
rate, shall continue as if no change had taken place in this gov- 
ernment; and all process which may be before the organization 
of the Judicial Department under this Constitution issued under 
the authority of the Territory of Dakota, within the boundary 
of this State, shall he as valid as if issued in the name of the 
State of South Dakota. 

Sec 2. That all fines, penalties, forfeitures and escheats 
accruing to the Territory of Dakota, within the boundary of the 
State of South Dakota, shall accrue to the use of said State. 

Sec 3. That all recognizances, bonds, obligations or 
other undertakings, heretofore taken, or which may be taken 
before the organization of the Judicial Department under this 
Constitution, shall remain valid, and shall pass over to, and may 
be prosecuted in the name of the State of South Dakota; and all 
bonds, obligations or undertakings, executed to this Territory, 
within the boundaries of the State of South Dakota, or to any 
officer in his official capacitv, shall pass over to the proper State 
authority, and to their successors in office, for the uses therein 
respectively expressed, and may be sued for and recovered ac- 
cordingly. 



212 JOURNAL OF THE CONVENTION, 



All criminal prosecutions and penal actions, which have 
arisen, or which may arise before the organization of the Judic- 
ial Department under the Constitution and which shall then be 
pending, may be prosecuted to judgment and executed in the 
name of the State. 

Sec. 4. All officers, civil and military, now holding their 
offices and appointments in this Territory, under the authority of 
the United States, or under the authority of the Territory of Da- 
kota, shall continue to hold and exercise their respective offices 
and appointments until superseded under this Constitution; 

Provided, That the provision of the above sections shall be 
subject to the provision of the act of Congress providing for 
the admission of the State of South Dakota, approved by the 
President of the United States, on February 22, 1889. 

Sec. 5. This Constitution shall be submitted for adoption 
or rejection to a vote of the electors, qualified by the laws of 
this Territory to vote at all elections, at the election to be held 
on Tuesday, October 1, 1889. 

At the said election the ballot shall be in the following form: 

For the Constitution; Yes. No. 

For Prohibition; Yes. No. 

For Minority Representation; Yes. No. 

As a heading to each of said ballots shall be printed on each 
ballot the following instructions to voters: 

All persons desiring to vote for the Constitution, or for any 
of the articles submitted to a separate vote, must erase the word 
"No." 

All persons who desire to vote against the Constitution, or 
against any article submitted separately, must erase the word 
"Yes." 

Any person may have printed or written on his ballot only 
the words "For the Constitution," or "x\gainst the Constitution," 
and such ballots shall be counted for, or against the Constitution 
accordingly. The same provision shall apply to articles sub- 
mitted separately. 

In addition to the foregoing election for the Constitution and 
for the Articles submitted by this Convention for a separate 
vote thereon, an election shall be held at the same time and 
places, by the said qualified electors, for the following State 
officers, to be voted for on the same ballot as above provided 
for votes on the Constitution and separate Articles to wit: 

A Governor, Lieutenant Governor, Secretary of State, 
Auditor, Treasurer, Attorney General, Superintendent of Public 
Instruction, Commissioner of School and Public Lands, Judges 



Monday, August 5, 1889. 213 



of the Supreme, Circuit and County Courts, Representatives in 
Congress, State Senators, and Representatives in the Legisla- 
ture. 

All the elections above provided for shall be held in the 
same manner and form as provided for the election for the adop- 
tion or rejection of the Constitution. And the names of all the 
officers above specified to be voted for at such election shall be 
written or printed upon the same ballots as the vote for or 
against the Constitution. 

The judges of election in counting the ballots voted at such 
election shall count all the affirmative ballots upon the Constitu- 
tion as votes for the Constitution; and they shall count all the 
negative ballots voted at said election upon the Constitution, as 
votes against the Constitution; and ballots voted at said election 
upon which neither of said words " Yes " or " No " following 
the words "For the Constitution " are erased shall not be 
counted upon such proposition. And they shall count all affirm- 
ative ballots so voted upon the Article on Prohibition, separately 
submitted, as votes for such Article and they shall count all neg- 
ative ballots so voted upon such Article as votes against such 
Article. 

And ballots upon which neither the words " Yes " or " No " 
following the words " For Prohibition " are erased, shall not be 
counted upon such proposition. And they shall count all the 
affirmative ballots so voted upon the Article on Minority Repre- 
sentation, separately submitted, as votes for such Article. And 
they shall count all negative ballots so voted upon such Article, 
as votes against such Article and ballots upon which neither of 
said words " Yes " or " No " following the words " For Minor- 
ity Representation " are erased, shall not be counted upon such 
proposition. 

If it shall appear in accordance with the returns hereinafter 
provided for, that a majority of the votes polled at such election, 
for and against the Constitution, are for the Constitution, then 
this Constitution shall be the Constitution of the State of South 
Dakota. If it shall appear, according to the returns hereinafter 
provided for, that a majority of all votes cast at said election for 
and against " Prohibition " are for prohibition, then said Article 
XXIV shall be and form a part of this Constitution, and be in 
full force and effect as such from data of said election. But if a 
majority of said votes shall appear, according to said returns, to 
be against Prohibition, then Article XXIV shall be null and void 
and shall not be a part of this Constitution. And if it appear, 
according to the returns hereinafter provided for, that a majority 



214 Journal, of the Convention, 

of all votes cast at said election for and against Minority Repre- 
sentation, are for Minority Representation then Article XXV 
shall be and form a part of said Constitution and be in full force 
and effect as such from the date of said election. But if a ma- 
jority of said votes shall appear, according to said returns, to be 
against Minority Representation, then said Article XXV shall 
be null and void and shall not be a part of this Constitution. 

At such election the person voted for, for any one of the 
offices to be filled at such election, who shall receive the highest 
number of votes cast at said election, shall be declared elected 
to said office. 

Sec. 6. At the same time and places of election there 
shall be held by said qualified electors an election for the place 
of the temporary seat of government. 

On each ballot, and on the same ballot, on which are the 
matters voted for or against, as hereinbefore provided, shall be 
written or printed the words, " For Temporary Seat of Govern- 
ment-" (Here insert the name of the city, or town, or place to 
be voted for.) 

And upon the canvass and returns of the vote, made as 
hereinafter provided for, the name of the city, town, or place, 
which shall have received the largest number of votes for said 
temporary seat of government, shall be declared by the Gover- 
nor, Chief Justice and Secretary of the Territory of Dakota, or 
by any two of them at the same time that they shall canvass the 
vote for or against the Constitution, together with the whole 
number of votes cast for each city, town or place, and the offi- 
cers above named, shall immediately after the result of said elec- 
tion shall have been ascertained, issue a proclamation directing 
the Legislature elected at said election, to assemble at said city, 
town, or place so selected, on the day fixed by this schedule and 
ordinance. 

Sec. 7. The election provided for herein shall be under the 
provisions of the Constitution herewith submitted, and shall be 
conducted in all respects as elections are conducted under the gen- 
eral laws of the Territory of Dakota, except as herein provided. 
No mere technicalities or informalities in the manner or form of 
election, or neglect of any officer to perform his duty with re- 
gard thereto, shall be deemed to vitiate or avoid the same, it be- 
ing the true intent and object of this ordinance to ascertain and 
give effect to the true will of the people of the State of South 
Dakota, as expressed by their votes at the polls. 

Sec. 8. Immediately after the election herein provided for, 
the judges of election at each voting place shall make a true and 



Monday, August 5, 1889. 215 

complete count of all the votes duly cast at such election, and 
shall certify and return the result of the same with the names of 
all the candidates and the number of votes cast for each candi- 
date, and the number of votes cast for and against the Constitu- 
tion, and the number of votes cast for and against Prohibition, 
and the number of votes cast for and against Minority Repre- 
sentation, and the number of votes cast for each city, town or 
place, for the " temporary seat of government " to the county 
clerk or auditor of the respective counties, together with one of 
the poll lists and election books used in said election. 

Sec. 9. Within five days after said election the several 
boards of county canvassers, provided by law for the canvassing 
of the results of the election, shall make and certify to the Sec- 
retary of the Territory of Dakota, the true and correct return 
of the total number of votes cast for the Constitution, and 
against the Constitution, of the number of votes cast for and 
against " Prohibition," and the number of votes cast for and 
against " Minority Represeatation," and the number of votes cast 
for each city, town or place as the " temporary seat of govern- 
ment," and of the number of votes cast for each person voted 
for at such election, except county officers and members of the 
Legislature, and shall transmit the same to the Secretary of the 
Territory of Dakota, by mail, and shall file with the county clerk 
or auditor of each of said counties a duplicate and certified copy 
of said return. 

Said board of county canvassers shall issue certificates of 
election to the persons who shall have received the highest num- 
ber of votes cast for the respective offices of judge of county 
court, and Representatives in the Legislature, and for State Sen- 
ator or Senators. 

Sec. 10. When two or more counties are connected in one 
senatorial or representative district, it shall be the duty of the 
clerks and auditors of the respective counties to attend at the 
office of the county clerk of the senior county in the date of 
organization within twenty days after the date of election and 
they shall compare the votes given in the several counties com- 
prising such senatorial and representative district and such clerks 
or auditors shall immediately make out a certificate of election 
to the person having the highest number of votes in such dis- 
trict for State Senator or Representative or both; which certifi- 
cate shall be delivered to the person entitled thereto on his appli- 
cation to the clerk of the senior county of such district. 

Sec 11. The Secretary of the Territory shall receive all 
returns of election transmittted to him as above provided, and 



216 Journal of the Convention, 



shall preserve the same, and after they have been canvassed as 
hereinafter provided, and after the admission of the State of 
South Dakota, into the Union, he shall deliver said returns to the 
proper State officer of said State of South Dakota. 

Within fifteen days after said election, the Secretary of the 
Territory, with the Governor, and Chief Justice thereof, or any 
two of them, shall canvass such returns, and certify the same to 
the President of the United States, as provided in the Enabling 
Act. 

They shall also ascertain the total number of votes cast at 
such election for the Constitution and against the Constitution; 
the total number of votes cast for and against Prohibition; and 
the total number of votes cast for and against Minority Repre- 
sentation; and the total number of votes cast for each city, town 
or place as the "temporary seat of government;" and the total 
number of votes cast for each person voted for, for any office at 
said election, excepting county judges and members of the Leg- 
islature, and shall declare the result of said election in conform- 
ity with such vote, and the Governor of the Territory shall 
thereupon issue a proclamation at once thereof. 

They shall also make and transmit to the State Legislature, 
immediately upon its organization, a list of all of the State and 
judicial officers who shall thus be ascertained to be duly elected. 

The various county and district canvassing boards shall make 
and transmit to the Secretary of the Territory the names of all 
persons declared by them to be elected members of the Senate 
and House of Representatives of the State of South Dakota; 
he shall make separate lists of the Senators and Representatives 
so elected, which lists shall constitute the rolls under which the 
Senate and House of Representatives shall be organized. 

The Governor of the Territory shall make and issue certfi- 
cates of election to the persons who are shown by the canvass 
to have received the highest number of votes, for Governor, 
Lieutenant Governor, Secretary of State, Auditor, Treasurer, At- 
torney General, Superintendent of Public Instruction, Commis- 
sioner of School and Public Lands, and Judges of the Supreme 
and Circuit Courts. Such certificates to be attested by the Sec- 
retary of the Territory. 

Sec. 12. The apportionment made in this Constitution 
shall govern the elections above provided for, for members of 
the State Legislature until otherwise provided by law. 

At the first election held under this Ordinance for Senators 
and Representatives of the Legislature, there shall be elected 
forty-five Senators, and one hundred and twenty-four Repre- 
sentatives in the State Legislature respectively. 



Monday, August 5, 1889. 217 



Sec. 13. The Legislature elected under the provisions 
of this Ordinance and Constitution shall assemble at the tempo- 
ral seat of government on the third Tuesday in October in the 
year A. D. 1889, at twelve o'clock noon, and on the first day of 
their assemblage, the Governor and other State officers shall 
take the oath of office in the presence of the Legislature. The 
oath of office shall be administered to the members of the Legis- 
lature, and to the State officers by the Chief Justice of the Ter- 
ritory, or by any other officer duly authorized by the laws of the 
Territory of Dakota to administer oaths. 

Sec 14. Immediately after the organization of the Leg- 
islature and taking the oath of office by the state officers, the 
Legislature shall then and there proceed to the election of two 
Senators of the United States for the State of South Dakota, in 
the mode and manner provided by the Laws of Congress for the 
election of United States Senators. And the Governor and the 
Secretary of the State of South Dakota shall certify the election 
of the said Senators and two Representatives in Congress, in the 
manner required by law. 

Sec. 15. Immediately after the election of the United 
States Senators as above provided for, said Legislature shall 
adjourn to meet at the temporary seat of government on the first 
Tuesday after the first Monday of January, 1890, at 12 o'clock M. 

Provided, however, that if the State of South Dakota has 
not been admitted by proclamation or otherwise at said date, 
then said Legislature shall convene within ten days after the date 
of the admission of the State into the Union. 

Sec. 16. Nothing in this Constitution or Schedule con- 
tained shall be construed to authorize the Legislature to exercise 
any powers except such as are necessary to its first organization, 
and to elect United States Senators, and to adjourn as above 
provided. 

Nor to authorize an officer of the Executive, Administrative 
or Judiciary departments, to exercise any duties of his office until 
the State of South Dakota shall have been regularly admitted into 
the Union, excepting such as may be authorized by the Congress of 
the United States. 

Sec. 17. The Ordinances and Schedule enacted by this 
Convention shall be held to be valid for all the purposes thereof. 

Sec. 18. That we, the people of the State of South 
Dakota, do ordain; 

First. That perfect toleration of religious sentiment shall be 
secured and that no inhabitant of this State shall ever be molested 



218 Journal of the Convention. 



in person or property on account of his or her mode of religious 
worship. 

Second. That we, the people inhabiting the State of South 
Dakota, do agree and declare, that we forever disclaim all right 
and title to the unappropriated public lands lying within the 
boundaries of South Dakota; and to all lands lying within said 
limits owned or held by any Indian or Indian tribe and that until 
the title thereto shall have been extinguished by the United 
States the same shall be and remain subject to the disposition of 
the United States, and said Indian lands shall remain under the 
absolute jurisdiction and control of the Congress of the United 
States; That the lands belonging to the citizens of the United 
States residing without the said State, shall never be taxed at a 
higher rate than the lands belonging to residents of this State. 
That no taxes shall be imposed by the State of South Dakota on 
lands or property therein belonging to or which may hereafter be 
purchased by the United States, or reserved for its use. But 
nothing herein shall preclude the State of South Dakota from 
taxing as other lands are taxed any lands, owned or held by any 
Indian who has severed his tribal relations and has obtained 
from the United States, or from any person a title thereto by 
patent or other grant save and except such lands as have been, 
or may be granted to any Indian or Indians under any act of 
Congress containing a provision exempting the lands thus 
granted from taxation, all such lands which may have been 
exempted by any grant or law of the United States shall remain 
exempt to the extent, and as prescribed by such act of Congress. 

Third. That the State of South Dakota shall assume and 
pay that portion of the debts and liabilities of the Territory of 
Dakota as provided in this Constitution. 

Fourth. That provisions shall be made for the establish- 
ment and maintenance of systems of public Schools, which shall 
be opened to all the children of this State, and free from sectarian 
control. 

Fifth. That Jurisdiction is ceded to the United States over 
the military reservations of Fort Meade, Fort Randall, and Fort 
Sully, heretofore declared by the President of the United States; 
provided legal process, civil and criminal, of this State shall 
extend over such reservations in all cases of which exclusive 
jurisdiction is not vested in the United States, or of crimes not 
committed within the limits of such reservations. 

These Ordinances shall be irrevocable without the consent 
of the United States, and also the people of the said State of 
South Dakota, expressed by their Legislative Assembly. 



Monday, August 5, 1889. 2I 9 



Sec. 19. The tenure of all officers, whose election is pro- 
vided for in this schedule, on the first day of October, A. D. 
1889, shall be as follows: 

The Governor, Lieutenant Governor, Secretary of State, 
Auditor, Treasurer, Attorney General, Superintendent of Public 
Instruction, Commissioner of School and Public Lands, Judges 
of County Courts, shall hold their respective offices until the first 
Tuesday after the first Monday, in January, A. D. 1891, at 
twelve o'clock M. and until their successors are elected and 
qualified. 

The Judges of the Supreme Court and Circuit Courts, shall 
hold their offices, until the first Tuesday, after the first Monday, 
in January, A. D. 1894, at 12 o'clock M., and until their successors 
are elected and qualified; subject to the provisions of Section 26, of 
Article V, of the Constitution. 

The terms of office of the members of the Legislature, 
elected at the first election held under the provisions of this Con- 
stitution shall expire on the first Tuesday, after the first Monday 
in January, one thousand and eight hundred, and ninety-one. 

(1891.) 

Sec. 20. That the first general election under the pro- 
visions of this Constitution, shall be held on the first Tuesday, 
after the first Monday, in November, 1890, and every two years 
thereafter. 

Sec 21. The following form of ballot is adopted: 
Constitutional Ticket. 

INSTRUCTIONS TO VOTERS. 

All persons desiring to vote for the Constitution, or for any of the articles sub- 
mitted to a separate vote, may erase the word "No." 

All persons who desire to vote against the Constitution, or any articles sepa- 
rately submitted, may erase the word "Yes." 

For the Constitution. Yes. No. 

For Prohibition. Yes. No. 

For Minority Representation. Yes. No. 

For as the Temporary Seat of Government. 

For Governor. 



For Lieutenant Governor. 



220 Journal of the Convention, 

For Secretary of State. 

For Auditor. 

For Treasurer. 

For Attorney General. 

For Superintendent of Public Instruction. 

For Commissioner of School and Public Lands. 

For Judges of the Supreme Court. 

First District. 

Second District 

Third District. ; 

Forjudge of the Circuit Court Circuit. 

For Representatives in Congress. 

For State Senator. 
For Representative in the Legislature. 

For County Judge. 



Monday, August 5, 1889. 221 

Sec. 22. This Constitution shall be enrolled and after 
adoption and signing 03- the Convention shall be delivered to 
Hon. A. J. Edgerton, the President of the Constitutional Conven- 
tion, for safe keeping, and by him to be delivered to the Secre- 
tary of State as soon as he assumes the duties of his office, and 
printed copies thereof shall be prefixed to the books containing 
the laws of the State, and all future editions thereof. 

The President of this Convention shall also supervise the 
making of the copy that must be sent to the President of the 
United States; said copy is to be certified by the President and 
Chief Clerk of this Convention. 

Sec 23. "The agreement made by the Joint Commission 
of the Constitutional Conventions of North and South Dakota 
concerning the records, books, and archives of the Territory of 
Dakota is hereby ratified and confirmed, which Agreement is in 
the words following: That is to say:" 

The following books, records and archives of the Territory 
of Dakota shall be the property of North Dakota, to- wit: 

All records, books and archives in the offices of the Gov- 
ernor and Secretary of the Territory (except records of Articles 
of Incorporation of Domestic corporations, Returns of election of 
Delegates to the Constitutional Convention of 1889 for South 
Dakota, Returns of elections held under the so called Local 
Option Law in counties within the limits of South Dakota, 
Bonds of Notaries Public appointed for counties within the 
limits of South Dakota, papers relating to the organization of 
counties situate within the limits of South Dakota, all of 
which records and archives are part of the records and 
archives of said Secretary's office; excepting also census 
returns from counties situate within the limits of South Dakota 
and papers relating to requisitions issued upon the application 
of officers of counties situate within the limits of South Dakota, 
all which are part of the records and archives of said Gov- 
ernor's office.) And the following records, books and archives 
shall also be the property of the State of North Dakota, to- wit: 

Vouchers in the office or in the custody of the Auditor of 
this Territory relating to expenditures on account of public insti- 
tutions, grounds or buildings situate with the limits of North 
Dakota; one Warrant Register in the office of the Treasurer of 
this Territory being a record of warrants issued under and by 
virtue of Chapter 24 of the laws enacted by the Eighteenth Leg- 
islative Assembly of Dakota Territory; all letters, receipts and 
vouchers in the same office now filed by counties and pertaining 



222 Journal of the Convention, 



to counties within the limits of North Dakota; paid and can- 
celled coupons in the same office representing interest on bonds 
which said State of North Dakota is to assume and pay; reports 
of gross earnings of the year 18S8 in the same office, made by 
corporations operating lines of railroad situated wholly or mainlv 
within the limits of North Dakota; records and papers of the 
office of the Public Examiner of the Second District of the Ter- 
ritory; records and papers of the office of the Second District 
Board of Agriculture; records and papers in the office of the 
Board of Pharmacy of the District of North Dakota. 

All records, books and archives of the Territory of Dakota 
which it is not herein agreed shall be the property of North Da- 
kota, shall be the property of South Dakota. 

The following books shall be copied and the copies shall be 
the property of North Dakota and the cost of such copies, shall 
be borne equally by the said States of North Dakota and South 
Dakota, that is to say: 

Appropriation Ledger for the years ending November, 1889 
and 1890 — one volume. 

The Current Warrant Auditor's Register — one volume; 

Insurance Record for 1889 — one volume; 

Treasurer's Cash Book"D;' ; 

Assessment Ledger "B;" 

Dakota Territory Bond Register — one volume; 

Treasurer's Current Ledger — one volume. 

The originals of the foregoing volumes, which are to be 
copied shall at any time after such copying shall have been com- 
pleted, be delivered on demand to the proper authorities of the 
State of South Dakota. 

All other records, books and archives which it is hereby 
agreed shall be the property of South Dakota shall remain at the 
capital of North Dakota until demanded by the Legislature of 
the State of South Dakota, and until the State of North Dakota 
shall have had a reasonable time after such demand is made to 
provide copies or abstracts or such portions thereof as the said 
State of North Dakota may desire to have copies or abstracts of. 

The State of South Dakota may also provide copies or ab- 
stracts of such records, books and archives which is agreed 
shall be the property of North Dakota as said State of South 
Dakota shall desire to have copies or abstracts of. 

The expense of all copies or abstracts of records, books and 



Monday, August 5, 1889. 



223 



archives which it is herein agreed may be made, shall be borne 
equally by said two States. 

Alonzo J. Edgerton, 
President of the Constitutional Convention. 



R. C. Anderson, 
Irenens Atkinson, 
Lyman T. Boucher, 
Andrew J. Berdahl, 
S. F. Brott, 
C. Beuchler, 
E. W. Caldwell, 
Edgar E. Clough, 
C. G. Coats, 
Wm. Cook, 
George C. Cooper, 
Dighton Corson, 
Peter Couchman, 
Harry Trumbull Craig 
George H. Culver, 
J. G. Davies, 
W. G. Dickinson, 

T. F. DlEFENDORF, 

J. Downing, 
H. W. Eddy, 
Edward G. Edgerton, 
W. Elliott, 
H. F. Fellows, 
J. A. Fowles 
C. S. Gifford, 
w. h. goddard, 
David Hall, 
C.J. B. Harris, 
Corbley G. Hartley, 
M. R. Henniger, 
L. H. Hole, 
C. A. Houlton, 
S. F. Huntley, 
H. A. PIumphrey, 
S. D. Jeffries, 
John L. Jolley, 



A. G. Kellam, 

JOHNATHAN KlMBALL, 

Timothy W. P. Lee, 
R. F. Lyons, 
W. H. Matson, 
A. B. McFarland, 

V. T. McGlLLYCUDDY, 

W. H. Murphy, 
Henry Neill, 
Wm. S. O'Brien, 
Sanford Parker, 
S. S. Peck, 
Charles H. Price, 
Samuel A. Ramsey, 
A. O. Ringsrud, 
John Scollard, 
C. G. Sherwood, 
R. A. Smith, 
I. R. Spooner, 
Wm. Stottard, 
Thomas Sterling, 
M. P. Stroupe, 
F. W. Thompson, 
Stephen B. VanBuskirk 
William VanEps, 
Clarence H.VanTassel 
Chester R. Westcott, 
S. A. Wheeler, 
J. F. W^hitlock, 
J. V. Willis, 
W. T. Williams, 
H. M. Williamson, 
Chauncey L. Wood, 
Joshua F. Wood, 
F. G. Young, 
Joseph Zitka. 



Attest: F. A. Burdick, 

Chief Clerk. 



224 Journal of the Convention, 

Mr. Jolley in behalf of the Convention presented the Presi- 
dent with a picture of the members of the Convention. 

Mr. Caldwell presented the Convention with the Records 
of the proceedings of the Joint Commission. 

On motion they were placed in the custody of the President 
to be by him placed in the archives of the new State. 

Mr. Clough made statement regarding excursion to Water- 
town and the following resolution was adopted: 

Resolved, That we extend and do hereby extend to the City 
officers and the citizens of Watertown our sincere thanks for 
their kind and generous invitation to visit their famous city as the 
guests thereof. And we hereby express our deep regret, that 
by reason of lack of time and the approaching final adjournment 
of the Convention it is not possible for us to accept the invitation. 

On motion of Mr. Hole, 

It was agreed that when this Contention adjourn it adjourn 
sine die. 

Mr. Caldwell offered 

The following resolution : 

Resolved, That the president of this Convention, as cus- 
todian of the enrolled copy of the Constitution, is hereby re- 
quested to have four copies of said Constitution and accompany- 
ing documents prepared, and compared and certified to by him, 
said copies to be used in printing the newspaper supplements 
provided for by this Convention — the expense of which copies 
shall be vouched by him to the first session of the State Legisla- 
ture, not to exceed fifty dollars. 

Carried. 

Mr. Kellam moved that the four stars on Convention Hall 
be left with Mr. Caldwell to be placed in Hall of the State House. 

Carried. 

On motion the Convention took recess till 4:00 p. m. 

4 o'clock P. M. 

Convention called to order. 

Mr. VanBuskirk was called to the chair. 

Mr. Edgerton of Davison moved 

That a committee of three be appointed to draft resolutions 
protesting against the action of the Clerk sent by the Secretary 
of the Territory to settle expenses of Convention. 

Explanations were made and the motion withdrawn. 

On motion of Mr. VanTassel the following resolution was 
adopted : 

Resolved, That the thanks of this Convention be tendered 



Monday, August 5, 1889. 225 

to Mr. Hubbard for his kind attention to the members of this 
Convention. 

Moved, 

That a committee of three (3) be appointed by the Con- 
vention to interview the Clerk of the Secretary of the Territory 
in regard to mileage. 

Motion carried. 

The president appointed Messrs. Caldwell, VanBuskirk and 
Price. 

Mr. Anderson was called to the chair, 

And the following resolution was offered by Mr. Edgerton 
of Davison: 

Resolved, That the committee authorized by the Convention 
to publish the debates secure the publication of the same at the 
earliest possible time when the funds can be secured, either from 
the United States or the State, and that the published debates 
be distributed the same as Journals. 

Resolution adopted. 

Mr. VanTassel moved, 

A reconsideration of the motion that "when the Convention 
adjourn it adjourn sine die." 

Motion to reconsider carried. 

Further consideration of the motion was postponed till 7 
o'clock this evening. 

Mr. VanEps moved 

That a recess be taken till 4:30 o'clock p. m., and the Con- 
vention assemble in the room below. 

Carried. 

4:30 P. M. 

report of the committee on expenses of the convention. 

August 5, 1889. 
Mr. President: 

Your Committee on Expenses of the Convention beg leave 
to report the following bills and recommend that the same be al- 
lowed: 

Bill of J. L. Hannett, Clerk of Judiciary Committee .... $140 00 
C. J. Deitz, Clerk of Schedule and Ordinance Committee 140 00 
John H. Drake, Secretary and Disbursing agent of South 

Dakota Commission 279 89 

S. P. McClaren, Clerk of Commission 194 00 

I. W. Goodner, Stenographer, for expenses Commission 

to Bismarck 84 00 



226 Journal of the Convention, 

T. G. Brown, enrolling Constitution 70 00 

T. G. Brown, per diem Stenographer 330 00 

I. W. Goodner, per diem Stenographer 330 00 

E. C. Warner, postage and forwarding mail to Bismarck 

Commission 2 25 

C. A. Anderson, Clerk of Apportionment Committee . . no 00 

Albert Keith, Page to Convention ' 66 00 

Frank Clough, Page to Convention 66 00 

Charles Walts, Page to Convention 66 00 

E. W. Caldwell, telegrams 2 79 

F. A. Burdick, two days, indexing Journal 12 00 

A. W. Hyde, two days, completing enrolled Journal. ... 10 00 

Your Committee report to the Convention that the Stenog- 
raphers are entitled to 25 cents per folio for one transcript of the 
proceedings of the convention, and recommend that the Presi- 
dent and Chief Clerk of this Convention be authorized to approve 
the bill for the same and to issue vouchers therefor as provided 
in rule 46 of this Convention upon the production and deposit 
with the President of the Convention of a full and complete tran- 
scrip of the proceedings of the Convention taken by the stenog- 
rapher furnishing the transcript. 

A separate voucher to be issued to each stenographer for 
the amount due him for his share of the transcript. 

Repectfully submitted 

S. F. Huntley. 
H. F. Fellows. 
S. D. Jeffries. 
C. G. Sherwood. 
Sanford Parker. 
A. McFarland. 
H. M. Williamson. 
Report adopted. 
Recess taken to 7 o'clock p. m. 

7 o'clock P. M. 

Convention called to order and recess taken till 9 o'clock. 

9 o'clock P. M. 

Convention called to order by the President. 

On motion of Mr. Jolley, 

The Convention adjourned "sine die." 

A. J. EDGERTON, 

* President. 

[Attest I : F. A. Burdick, Chief Clerk. 



GENERAL INDEX. 

PAGE. 

Amendments and Revision — Report on 37~43 

Agreement of Joint Commission 155 

Adjournment 226 

Artesian Basin — Memorial » 57 

Bill of Rights 47 

Banking and Currency 64 

Bonds — Refunding 160 

Corporations 44 

Committees — Appointment of 22 

Compensation of Public Officers 41 

County and Township Organization 74 

Circuit Courts 81 

Congressional and Legislative Apportionment 89 

Certificates of Indebtedness 96 

Constitution — to be printed 99 

Constitution — printing 111 

Clerks of Circuit Court 99" 1 TO 

Committee on Rules 6 

Congratulations North Dakota 8 

Congratulations Washington Territory 8 

Congratulations Montana Territory 11 

Committees — Reference of Constitution to 28 

Commission to Bismarck 20 

Constitution of U. S. Adopted 10 

Constitution as Enrolled and passed 162 

Constitution — Four copies to be made 224 

Constitution — Signing of by members. . 161 

Compact with U. S 106, 1 19, 134 

Division of Powers 131-132 



ii General Index. 



Education and School Lands 57 

Election and Right of Suffrage 53 

Executive and Administrative 37 

Exemptions 64 

Executive Department 67 

Election of President 5 

Election of other Officers . 9 

Expenses 225, 226 

Impeachment and Removals from office 52 

Journals — Copies to be printed 8 

Journals — Copies to be printed 19 

Journals — Bound copies 21 

Joint Commission — Appointed . , ■ . 4 . . . 20-25 

Judicial Department 77 

Joint Commission — Report of 135-148 

Judiciary Committee 39 

Legislative Department 100 

Legislature Apportionment 89 

Minority Representation 93 

Military Affairs 70 

Military Reservations 133 

Memorial to President — School lands 31 

Memorial to Congress for survey of artesian basin 57 

Municipal Corporations 5° 

Name and Boundary 86 

Ordinance 55 

Oath of Office 66 

Organization 3 

Preamble 131 

Prohibition 93 

President Harrison — Resolutions 133 

Public Indebtedness 150, 151, 158, 160 

Public Accounts and Expenditures 42 

Rights of Married Women 39 

Resolutions — Thanks to president 160 



General Index. iii 



Resolutions — Thanks to. other officers 161 

Roll of Delegates 3 

Rules 12 

Rules — Committee Report 27 

Revenue and Finance 94 

Seal and Coat of Arms 65 

Signing Constitution of 1885 73 

Seat of Government 87 

Sabbath Union — Reply to 108 

Schedule and Ordinance 112 

Schedule and Ordinance — Amendments 124 

Schedule and Ordinance — Vote on Amendments 128 

Senatorial Committee — Conference 146-148 

State, County and Municipal Indebtedness 157-158 

School Lands — Memorial 31 

State Institutions and Public Buildings 62 

Tenure of Office — Section 19 of Schedule 147-148 



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